The “Plain Smell” Doctrine in Florida: Can Police Still Search Your Car Based on the Odor of Marijuana?
Earlier today, the Florida Third District Court of Appeal issued a significant ruling in DelJimmyo Wright-Johnson v. State of Florida, a case that raises important questions about whether the smell of marijuana alone still provides police with probable cause to search a vehicle. This decision highlights the evolving legal landscape following Florida’s legalization of medical marijuana and whether traditional search-and-seizure principles still apply.
Background of the Case
In Wright-Johnson, Miami-Dade Police Officer Arturo Suarez pulled over the defendant for speeding and having dark-tinted windows. When approaching the vehicle, the officer detected the smell of burnt marijuana. The defendant, DelJimmyo Wright-Johnson, informed the officer that he had a valid medical marijuana card and had smoked earlier in the day but did not currently have marijuana in the vehicle.
Despite this, the officer ordered him out of the vehicle, conducted a search, and found a firearm in a bag. Wright-Johnson, a convicted felon, was charged with possession of a firearm by a convicted felon and carrying a concealed firearm. His legal team filed a motion to suppress the evidence, arguing that the smell of marijuana alone no longer constitutes probable cause given the legality of medical marijuana in Florida.
The Court’s Ruling
The appellate court upheld the trial court’s decision to deny the motion to suppress. However, the ruling did not explicitly reaffirm or reject the long-standing plain smell doctrine. Instead, the court relied on the good faith exception, reasoning that at the time of the search, officers were still permitted to rely on prior case law that held the smell of marijuana provided probable cause to search a vehicle.
The court acknowledged that Florida’s legal landscape regarding marijuana has changed, making it unclear whether plain smell alone remains a valid basis for probable cause. However, because Officer Suarez acted in accordance with existing law at the time, the court found that suppressing the firearm would not be appropriate.
Does the Smell of Marijuana Still Give Police Probable Cause to Search in Florida?
Historically, Florida courts have upheld the “plain smell” doctrine, meaning that if an officer detects the odor of marijuana, they have probable cause to search a vehicle without a warrant. However, recent legal developments—including the legalization of hemp (which smells identical to marijuana) and the allowance of medical marijuana—have cast doubt on the continued validity of this rule.
Several Florida appellate courts have begun questioning whether the smell of marijuana alone is enough to justify a search. Some courts have suggested that law enforcement must establish additional factors beyond mere odor to form probable cause.
Key Takeaways for Florida Drivers
- Medical Marijuana Cards May Not Prevent a Search – Even if you have a legal right to use medical marijuana, officers may still search your vehicle if they detect its odor and suspect illegal possession or use.
- The Law Is Evolving – This case suggests that Florida courts are reevaluating the plain smell doctrine. In the future, the odor of marijuana alone may no longer provide automatic probable cause for a search.
- The Good Faith Exception Still Applies – Even if the plain smell doctrine is later overturned, courts may still uphold past searches if officers relied on what was considered settled law at the time.
- Marijuana Use in a Vehicle Is Still Illegal – Florida law prohibits the use of medical marijuana in public places or inside a vehicle, even if the driver is not impaired.
Legal Implications and Future Challenges
The Wright-Johnson case highlights the growing tension between traditional search-and-seizure principles and Florida’s evolving marijuana laws. Future cases may further clarify whether the plain smell doctrine still applies or whether courts will require additional factors to establish probable cause.
For now, Florida drivers should be aware that the odor of marijuana could still justify a police search, but this area of law is in flux. If you have been subjected to a vehicle search based on marijuana odor alone, consulting with an experienced criminal defense attorney is essential to understanding your rights and potential defenses.
At The Bonderud Law Firm, we stay at the forefront of criminal defense developments to provide our clients with the best possible representation. If you have questions about your rights in a traffic stop or search, contact us today for a consultation.
