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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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Iranian drones in Cuba could threaten South Florida, officials warn

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Iranian drones in Cuba could threaten South Florida, officials warn


An Iranian-made drone displayed at the Biltmore Hotel served as a stark warning from national security advocates and South Florida officials who say Cuba’s growing military ties with Iran could pose a threat to the United States.

Former Florida Gov. Jeb Bush, chairman of the advocacy group United Against Nuclear Iran, joined U.S. Rep. Carlos Gimenez, R-Florida, to highlight concerns about what they say are roughly 300 Iranian drones that have been delivered to Cuba.

Standing alongside one of the drones, Bush described the weapon as among the deadliest battlefield threats faced by American forces in recent years.

“Most loss of life of the U.S. military than any single weapon that exists over the last 15 years,” Bush said.

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Gimenez warned that the drones’ capabilities make them particularly concerning because of their ability to carry significant explosive payloads over long distances.

“This particular model, there is about over 100 pounds of explosives,” Gimenez said. “That’s a pretty big bang. That’s why they call them kamikaze drones — they crash into their target and they explode.”

According to Gimenez, the drones can reach speeds of about 115 miles per hour and travel more than 1,000 miles, placing South Florida well within range. He said the aircraft could also reach the U.S. naval base at Guantanamo Bay and other cities throughout the southeastern United States, including Tallahassee and Atlanta.

The congressman said one of the primary concerns is the potential for Iran-style drone warfare tactics, in which large numbers of drones are launched simultaneously to overwhelm air defense systems.

While the United States has sophisticated defense systems capable of intercepting incoming drones, Gimenez noted that a successful strike may require only one, or a handful of aircraft to penetrate those defenses.

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The event was organized by United Against Nuclear Iran, which has sought to draw attention to expanding military and strategic cooperation between Iran and countries aligned with its interests, including Cuba.

Supporters of the group’s effort say the growing presence of Iranian military technology in the Western Hemisphere warrants increased attention from policymakers and defense officials.

For South Florida residents, the warning underscores the region’s proximity to Cuba and the continuing role the island nation plays in broader geopolitical tensions involving the United States and its adversaries.



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Video shows man attack Florida deputies in snake-and-gator-infested canal, sheriff says

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Video shows man attack Florida deputies in snake-and-gator-infested canal, sheriff says


Body camera video shows a man fighting with Florida deputies who were trying to rescue him from a snake-and-alligator-infested canal, authorities said.

The incident happened July 3 when Flagler County Sheriff’s Office deputies found a man lying on the ground shirtless in front of an elementary school.

The man, 47-year-old Ryan McMinn, who had been then subject of a previous welfare check, fled on foot, the sheriff’s office said.

A short time later, authorities received a call about a man trying to climb on the side of a house in Palm Coast.

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Deputies responded and found McMinn near the canal behind the house and when he spotted the deputies, McMinn ran into the canal and started swimming, authorities said.

“What’s your name?” a deputy asks him in the bodycam footage, as McMinn is seen swimming backwards. “You getting tired?”

Officials said McMinn was ordered to get out of the water multiple times but refused, and when he started to show signs of exhaustion, two deputies went into the canal to pull him out.

The video released by the sheriff’s office on Monday shows the deputies wading into the water before a struggle ensues.

Authorities said McMinn tried to grab one deputy’s head to push it under the water, before he tried to grab the neck of the other deputy.

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The deputies were able to get control of McMinn and get him safely to shore.

He was hospitalized before he was arrested and booked into jail on two counts of battery on a law enforcement officer.

“Battering a Deputy Sheriff will guarantee you the loss of your freedom and a trip to jail,” Flagler Sheriff Rick Staly said. “These deputies went into the water to rescue this guy, and he responded by fighting them. I commend our deputies for their willingness to get in a canal that usually have snakes and gators and pull this guy to safety before he drowned.”



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Heat alerts expand across Florida as dangerous temperatures return

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Heat alerts expand across Florida as dangerous temperatures return


The Sunshine State closed out the first month of meteorological summer with a mixed-bag of temperatures, as daily thunderstorm activity helped to keep some communities cooler while others reported one of their hottest Junes on record.

The contrasting observations across the state highlights just how localized Florida’s weather can be, with the sometimes cooler than average temperatures occurring just miles away from heat islands.

Clermont, in Central Florida, recorded its warmest June when compared to typical values, finishing about 4 degrees above average for the month. Meanwhile, Pensacola was the coolest major metro area across the state, ending the month approximately 2 degrees below average.

Cooler than average temperatures were largely found along the Panhandle, while Central and South Florida were home to the heat.

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June temperature departure map.

Regions that experienced frequent afternoon showers and thunderstorms generally recorded temperatures closer to seasonal averages, while locations that missed out on the rainfall often experienced temperatures that were well above average.

As a whole, warmer readings outweighed the cooler ones during the first month of meteorological summer, allowing the Sunshine State to experience one of its tenth warmest Junes on record.

The arrival of July has done little to change the pattern, with temperatures expected to get even warmer during the next few weeks.

Forecast models show another extended period of above-average temperatures developing this week as a ridge of high pressure builds across the Sunshine State.

The warmer conditions are expected along and north of the Interstate 4 corridor, where afternoon high temperatures are expected to climb into at least the upper 90s.

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When combined with the humidity, the heat index could reach between 104 and 110 degrees through most of the state through the remaining days of the workweek and into the weekend.

Expected heat index values across Florida on Wednesday, June 8.
Expected heat index values across Florida on Wednesday, June 8.

The heat indices mean that NOAA’s HeatRisk will reach the Major category in many areas with some neighborhoods potentially reaching the Extreme category.

Residents and visitors spending time outdoors are encouraged to drink plenty of water, take frequent breaks in the air conditioning and avoid strenuous activity during the hottest parts of the day.

Forecast guidance suggests that some ridging will remain in place through at least the middle of next week, leading to several days of above normal heat.

Due to the abundance of seeking air, widespread shower and thunderstorm activity will be hard to come by.

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Whether the current pattern persists through the remainder of the month remains uncertain, but the final week of July is climatologically the warmest period of the year, when average afternoon highs reach at least the low to mid-90s.

Synoptic setup for Thursday.
Synoptic setup for Thursday.





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