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Florida judges rule police dogs trained to alert on cannabis can’t be the only reason used to justify a vehicle search

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Florida judges rule police dogs trained to alert on cannabis can’t be the only reason used to justify a vehicle search


TALLAHASSEE, Fla. – In what could be a first-of-its-kind ruling in Florida, an appeals court Tuesday said a drug-sniffing dog’s alert did not justify police searching a car because the dog could not differentiate between medical marijuana and illegal pot.

The ruling by a three-judge panel of the 5th District Court of Appeal in a Lake County case could add complexity to police searching vehicles without obtaining warrants.

The case stemmed from a Groveland police officer in September 2020 stopping a Lyft car for speeding and tag lights that weren’t working. The officer subsequently called for a drug-sniffing dog, Polo, which alerted to the presence of drugs when it walked around the car.

Officers searched the car and found a bag that contained marijuana, crack cocaine, ecstasy and methamphetamine, leading to the arrest of a passenger, Stephon Ford, according to Tuesday’s ruling. Ford tried to get the evidence suppressed by arguing that the dog could not differentiate between illegal marijuana and medical marijuana or hemp.

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A circuit judge refused to suppress the evidence, but the appeals court backed Ford’s argument. While other drugs were also found, the appeals court said it is possible that Polo alerted to marijuana in the bag. The pot that was found was not medical marijuana.

“At the time when Polo alerted to a target substance in the Lyft vehicle, the police officers had no way of knowing whether Polo had detected an illegal substance (marijuana, cocaine, heroin, or methamphetamines) or a legal substance, namely the THC in hemp or medical marijuana that was properly prescribed and in the possession of a bona fide medical marijuana card holder. … Whether the substance Polo smelled was legal or illegal was not readily apparent, and thus his alert, alone, could not provide the probable cause needed to justify a warrantless search,” said Tuesday’s main opinion, written by Chief Judge James Edwards.

Judge Jordan Pratt wrote a concurring opinion that said Tuesday’s ruling and a 2024 decision by the appeals court in a case about a police officer smelling marijuana show that “cannabis legalization carries collateral consequences.” Florida voters in 2016 approved a constitutional amendment that broadly allowed medical marijuana, though pot remains illegal under federal law and in other circumstances in Florida.

Pratt wrote that under Tuesday’s decision, “dogs trained to alert on cannabis can no longer provide the sole basis for a stop or search.” Nevertheless, he said police could continue to use alerts by drug-sniffing dogs to provide a basis for searching cars.

“An alert by a dog trained not to alert to cannabis — or to alert to cannabis differently than it alerts to other drugs — can still on its own supply probable cause,” Pratt wrote. “And for another thing, even without such canine training, an undifferentiated alert can supply probable cause when combined with an officer’s questions ruling out the presence of lawful cannabis. Officers easily can be trained to ask such questions in conjunction with a dog’s undifferentiated alert.”

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Judge John MacIver concurred with the result of the majority opinion, though he did not sign on.

Edwards described the case as being “of first impression,” which generally indicates it is the first time the issue has been decided. Tuesday’s ruling, however, cited an August ruling by the full 5th District Court of Appeal that said a police officer could not use smelling marijuana as the sole basis to search a car and arrest a man.

In the Groveland case, Ford pleaded no contest to drug charges and was sentenced to 68 months in prison after the circuit judge denied his motion to suppress the evidence, Tuesday’s main opinion said. Ford, however, reserved the right to appeal.

While the appeals court agreed with Ford on the suppression issue, it upheld his conviction because of what is known as a “good faith” exception. It said the exception applied because the circuit judge followed what was legal precedent at the time.

But Edwards wrote that Tuesday’s ruling will apply in the future in the 5th District, which is based in Daytona Beach and includes areas such as Jacksonville and Ocala.

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“Is the undifferentiated alert behavior of a properly trained police drug-sniffing dog sufficient to supply the sole probable cause for a warrantless search of a car, when that K-9 officer, while trained to alert to THC among other substances, cannot distinguish between illegal pot and legal medical marijuana or hemp? In other words, is that sniff up to snuff?” Edwards wrote. “Going forward, that dog won’t hunt.”

Copyright 2025 by WJXT News4JAX – All rights reserved.



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Tallahassee gas prices rise due to Iran war; how to find cheapest pump prices

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Tallahassee gas prices rise due to Iran war; how to find cheapest pump prices


If you’re kicking yourself for not filling up your vehicle over the weekend or earlier this week, you have good reason.

Gas prices have been going up steadily — sometimes sharply — since the U.S.-Israeli strikes in Iran started Saturday, Feb. 28.

In Tallahassee, prices have jumped 26 cents from last week with an average gallon of gas currently sitting at $3.08, according to AAA. The highest price on record in Florida’s capital city was $4.84 a gallon in June 2022.

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Since Monday, March 2, Florida gas prices have jumped almost 36 cents for a gallon of regular, according to AAA.

The war is spreading throughout the Middle East and at least six U.S. soldiers have been killed, including one from Florida.

Live updates: Senate won’t check Trump’s war

Here’s what you should know as the war with Iran continues.

Florida not alone in worrying about rising gas prices

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Gas prices surge as Iran war closes Strait of Hormuz

Gas prices rise as Iran closes the Strait of Hormuz threatening oil supply and raising fears of global economic fallout.

Gas prices were already rising before the attacks on Iran began Feb. 28. It’s a regular seasonal swing as spring arrives, according to AAA. 

➤ Americans fret over gas prices as Iran war widens

Iran has retaliated with missile and drone attacks that have now killed at least six U.S. servicemembers, including one from Florida.

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➤ Florida Army Reserve captain killed in Iran war

Analysts said the war will likely drive up prices by an additional 20 to 30 cents per gallon, partly due to supply issues and partly due to global uncertainty.

Here’s a look at gas prices per gallon of regular provided by AAA this week:

  • March 5: $3.251
  • March 4: $3.19
  • March 3: $3.061

Compare to:

  • Week ago: $2.983
  • Month ago: $2.891
  • Year ago: $3.107

What’s average price of gas in Florida?

AAA posted the average price in Florida on March 5 was $3.241, slightly less than the national average of $3.251.

Here’s a comparison of the daily average price of a gallon of regular this week as provided by AAA:

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  • March 5: $3.241
  • March 4: $3.198
  • March 3: $3.068
  • March 2: $2.883

In comparison:

  • Week ago average: $2.940
  • Month ago average: $2.882
  • Year ago average: $3.084

Will Florida gas prices keep going up?

The national average price of gas is “likely to move toward $3.10 to $3.15 (per gallon) within one to two weeks … and to $3.20 to $3.25 within two to three weeks,” said Patrick De Haan, head of petroleum analysis with GasBuddy, on March 1.

On March 2, DeHaan said he expected gas prices “at average stations” nationally to increase by 10 to 30 cents in the coming week.

President Trump: Oil prices may be high ‘for a little while’

President Donald Trump told reporters March 3 oil prices may be high “for a little while.”

As soon as the war ends, “these prices are going to drop, I believe even lower than before,” Trump said. 

In a post on TruthSocial March 3, Trump said: “If necessary, the United States Navy will begin escorting tankers through the Strait of Hormuz, as soon as possible. No matter what, the United States will ensure the FREE FLOW of ENERGY to the WORLD.”

How can you find the cheapest gas?

Whether you’re traveling or at home, gasbuddy.com offers information to find the cheapest prices for gasoline.

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Enter your state, city or ZIP code to find the Top 10 gas stations and cheap fuel prices.

Cheryl McCloud is a journalist for the USA TODAY Network-Florida’s service journalism Connect team. You can get all of Florida’s best content directly in your inbox each weekday day by signing up for the free newsletter, Florida TODAY, at https://palmbeachpost.com/newsletters.



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Florida college Republicans group chat reveals racist texts: ‘Avoid the coloreds like the plague’

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Florida college Republicans group chat reveals racist texts: ‘Avoid the coloreds like the plague’


It only took three weeks for a group chat for conservative students at Florida International University (FIU) to become a place where participants eagerly used racist slurs, prompting widespread condemnation from community leaders.

Abel Alexander Carvajal, secretary of Miami-Dade county’s Republican party and a student at FIU’s College of Law, reportedly started the chat after the killing of Charlie Kirk, the founder of Turning Point USA, in September 2025.

But on Wednesday, the Miami Herald published leaked WhatsApp conversations in which the college Republicans made racist, sexist, antisemitic and homophobic comments, including variations of the N-word used more than 400 times. Knowledge of the chat’s existence was revealed on the same day that Republican lawmakers in Florida pushed forward a bill to rename a one-mile stretch of road alongside FIU in honor of Kirk.

William Bejerano, who the Herald noted once tried to start an anti-abortion group at Miami Dade College, was the most prolific user of the N-word. Using the slur, Bejerano called for dozens of acts of extreme violence against Black people, including crucifying, beheading and dissecting.

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Dariel Gonzalez, then the College Republicans’ recruitment chair, who has recently applied to become a GOP committee member, responded to the calls for violence by saying: “How edgy.” He repeatedly used “colored” to describe Black people, including writing: “Ew you had colored professors?!” and “Avoid the coloreds like the plague,” according to the Herald.

Carvajal, who was appointed to a two-year role on the city of Hialeah’s planning and zoning board earlier this year, confirmed to the paper that the group chat was his doing, but he denied knowledge of the problematic comments until the publication contacted him about its logs last week.

“It’s been five months since this was sent and this is the first time I’ve seen this message,” Carvajal told the Herald.

“I guess to an extent, I bear some responsibility, cause I created a chat. But if I had seen this at the moment, I would have removed [Bejerano] from the chat. I probably would have even blocked his number.”

The Herald found that Carvajal had deleted 14 messages sent by other participants in the chat and 42 of his own messages before the publication obtained the chat’s logs.

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He also participated in some of the racist discussions. While referring to a Black student who allegedly left FIU’s College Republicans after a member of the group “called her a [N-word]”, the Floridian reported that Carvajal wrote: “Why didn’t miggress leave?” Elsewhere in the chat, the publication reported that Carvajal used “Miggress”, “Migglet” and “Migger” to refer to Black women, Black children and Black people, in general.

At one point, Gonzalez wrote: “You can fuck all the [K-word, a slur for Jewish people] you want. Just don’t marry them and procreate.”

Ian Valdes, the Turning Point USA FIU chapter president, responded, “I would def not marry a Jew,” before changing the group chat’s name from “Uber [R-word slur for disabled people] Yapping” to “Gooning in Agartha”. “Gooning” is a gen-Z slang term for male masturbation, while “Agartha” is a mythical white civilization promoted by Heinrich Himmler, one of the most powerful leaders in Nazi Germany next to Hitler.

Gonzalez reportedly described Agartha to the group chat as “Nazi heaven sort of”.

Kevin Cooper, the first Jewish chair of the Miami Dade Republican party, condemned the group chat in a statement published to X and called for Carvajal’s resignation.

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“The majority of our board voted to request Carvajal’s resignation. We have commenced removal proceedings and look forward to resolution from the Republican Party of Florida,” he wrote.

That call was echoed by Juan Porras, a Republican state representative and Miami-Dade GOP state committee member, who said in a statement: “Leadership carries responsibility. When someone in a leadership role engages in this kind of behavior, it damages the trust placed in our party by voters across Florida. For that reason, I am asking the Miami Dade Republican party secretary to step down from this position.”

In a joint statement, Florida Republican state senators Alexis Calatayud, Ileana Garcia and Ana Maria Rodriguez denounced the chats and called for the expulsion from party leadership of its participants.

“The individuals in the group chat have exposed how profoundly misaligned their beliefs are to the views of the Republican party of Florida,” their statement said. “We call for the immediate expulsion of the individuals disseminating from any level of leadership of the Miami-Dade Republican Party … We will not tolerate bigotry or discrimination.”

Multiple leaked group chats from young Republicans have created controversy in recent years.

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Last year, Politico published messages from a group chat of more than 100 conservatives across the country in which users also made racist and antisemitic comments. In 2022, a Young Republican group chat from North Dakota was revealed as a cesspool of homophobic and antisemitic rhetoric.



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Federal judge blocks DeSantis executive order declaring CAIR a 'terrorist organization'

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Federal judge blocks DeSantis executive order declaring CAIR a 'terrorist organization'


A federal court in Tallahassee has issued a temporary injunction blocking Florida Gov. Ron DeSantis’ executive order designating the Council on American-Islamic Relations (CAIR) a “terrorist organization.” U.S. District Judge Mark Walker’s order comes nearly three months after DeSantis signed his executive order on Dec. 8. The order directed Florida’s executive and Cabinet agencies, as […]



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