Florida
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.
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.”
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.
“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.”
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TAMPA, Fla – New SNAP restrictions will start Monday in Florida.
What we know:
These changes will ban the purchase of many sugary sodas, energy drinks, candy and ultra-processed, shelf-stable prepared desserts.
Hunger Free America, an advocacy group, is against these restrictions.
Joel Berg, the CEO, said some regulation is a good thing, but he wants to see it support access to healthy foods as a choice.
“We do support mandates to mandate that healthier food is available in stores that do accept SNAP,” Berg said. “So, it makes a lot more sense to make it easier to get healthier food.”
Berg said these restrictions are unnecessary in achieving a healthier America.
“We should make America healthier again by making healthy food more affordable, convenient and physically available,” Berg said. “We shouldn’t micromanage the eating patterns of adults to try to achieve that goal.”
The other side:
This is part of the Make America Healthy Again initiative.
U.S. Secretary of Agriculture Brooke Rollins said, “Under the MAHA initiative, we are taking bold, historic steps to reverse the chronic disease epidemic that has taken root in this country for far too long.”
What they’re saying:
Berg said that these changes, on top of cuts to the program nationwide, will increase hunger.
“It’s not that low-income Americans don’t want healthier food; it’s that they can’t afford healthier food,” Berg said.
This coincides with the announcement that there will be cuts to WIC, the Special Supplemental Nutrition Program for Women, Infants and Children, which supplies food to mothers and young children.
“President Trump’s budget just announced that he’s proposing taking away fruits and vegetables from the WIC program for pregnant women and children under five,” Berg said. “So, they’re taking away healthier food.”
The WIC cuts would take away $1.4 billion in fruit and vegetable benefits from 5.4 million people.
Big picture view:
The SNAP changes come as part of the MAHA movement and include more than 20 other states that will implement changes over the next two years.
The Source: Information in this story comes from WIC, SNAP and interviews done by Fox 13’s Danielle Zulkosky.
WEST PALM BEACH, Fla. (CBS12) — The engines are revving for one final day of high-stakes bidding and family fun at the South Florida Fairgrounds.
Barrett-Jackson’s Palm Beach auction reaches its grand finale today with an action-packed “Super Saturday” lineup, promising to close out the weekend with a full slate of collector car sales, live entertainment, and fan attractions.
“Super Saturday,” presented by Seminole Casino Coconut Creek, officially kicks off at 8 a.m. when gates, food courts, and the exhibitor marketplace open to the public.
What to expect
- 8:00 a.m. – 11:00 a.m.: The Fantasy Bid presented by Dodge begins early, running in tandem with the automobilia auction in the arena.
- 9:00 a.m. – 5:00 p.m.: Thrill-seekers can catch Dodge thrill rides on the Barrett-Jackson Performance Track.
- 10:00 a.m.: New amenities open to the public, including the Stella Artois, Staging Lanes, and Food Court patios, which offer shaded seating and auction views.
- 10:45 a.m.: The national anthem will be performed in the auction arena, signaling the start of the main collector car auction at 11 a.m.
- Afternoon Entertainment: DJ sets run from noon to 5 p.m. across the various patios, and a detailing clinic by Adam’s Polishes is scheduled for 2 p.m. near the South Showcase.
For those unable to attend, the whole event will be livestreamed throughout the day on the Barrett-Jackson website and the HISTORY channel from 11 a.m. to 6 p.m.
Today’s finale comes on the heels of a high-energy Friday that saw significant sales and notable celebrity interest.
Star power was evident throughout the day, particularly with vehicles tied to the Busch family. A 1957 Ford Thunderbird Convertible owned by Samantha Busch and a 1969 Oldsmobile 442 Custom Coupe were among the day’s heavy hitters, each fetching $159,500. Kyle Busch’s 1956 Chevrolet Bel Air Custom Coupe also drew a strong bid, selling for $143,000.
Other Friday highlights included:
- 1968 Ford Mustang Eleanor Replica: $137,500
- 2004 Dodge Viper SRT-10 Mamba Edition: $132,000
- 1972 Chevrolet K5 Blazer Custom SUV: $126,500
- 1957 Ford Thunderbird Custom Convertible: $121,000
BE THE FIRST TO COMMENT
With a festival-style atmosphere and high-profile sales driving momentum, organizers expect a busy crowd for the final push at the auction block today.
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