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.”

A flight passenger took to social media to share a photo of fellow flyers using wheelchairs during the pre-boarding process, sparking a debate among travelers.

The X user captioned the post, “Typical @SouthwestAir flight to Florida!”

“I counted 30 pre-boards needing wheelchair assistance. When we get off the plane 28 of them walk off,” the post continued. 

X users took to the comments section to discuss their thoughts on some flyers only using wheelchairs when they board, and not to deplane.

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“Just bc [because] they walk on/off plane doesn’t mean they don’t need assistance or can walk the distance through the terminal to the gate,” one comment said.

One X user said, “most of them are elders. ambulatory wheelchairs ease their way to gates or exits. back pain, knee pain, recent surgeries, chronic pain, disabilities, any of those things can require them some help even if they can walk.”

“Walking off a plane is a completely different matter than walking thru an entire airport. Many people can manage a few yards but not hundreds of yards,” added another.

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A user commented, “sitting for an extended period of time means that you can probably walk for a little bit longer than getting there.”

Social media users on X reacted to the post with one saying,”most people assume incorrectly that wheelchair users can’t stand up.” (iStock)

“Buddy, some wheelchair users are able to walk short distances. They are called ambulatory wheelchair users. I, myself, am supposed to use walking aids. I’m just stubborn,” commented one.

Another said, “most people assume incorrectly that wheelchair users can’t stand up.”

Southwest Airlines responded to the user’s post and apologized.

“We’re sorry for any disappointment… We appreciate your feedback and hope to create more pleasant memories with you next time,” Southwest’s comment said.

Fox News Digital reached out to the X user and to Southwest Airlines for comment.

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A similar occurrence took place in Fort Lauderdale in 2023 as an X user claimed to witness 20 passengers requesting wheelchair assistance, FOX Business reported.

“Pre-boarding scam at @SouthwestAir 20 passengers boarding using a wheelchair and probably only three need one to deplane,” the user wrote in the post, which included a photo of passengers sitting in wheelchairs.

Another user posted a similar occurrence at a Florida airport in 2023, claiming that “20 passengers boarding using a wheelchair and probably only three need one to deplane.” (iStock)

The post also showed an image of several individuals sitting in wheelchairs.

According to the user’s feed, the flight was canceled, and the user had the same experience. 

The user claimed that 14 people on the rebooked flight requested wheelchairs, but only six used them to deplane. 

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Gary Leff, a Texas-based travel industry expert and author of the blog “View From the Wing,” told Fox News Digital that he sees more passengers requesting wheelchairs on Southwest Airlines than on any other airline.

“Not coincidentally, there’s a greater benefit to doing so with Southwest, where seating is first-come, first-served. Boarding early gets you access to a better seat on board,” said Leff.

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He added, “There are only so many contract workers assisting with wheelchairs at each airport, so frivolous requests hurt those with a real need. Those passengers find themselves waiting longer to deplane, or waiting on the jetbridge for a wheelchair to show up.”

SANFORD, Fla. – As cold weather sweeps across Florida, staff at the Central Florida Zoo and Botanical Gardens are working to keep their animals safe and comfortable.

Signs around the zoo highlight the efforts to protect animals during the chilly conditions. For example, Coral, a two-toed sloth, has temporarily left her outdoor enclosure to enjoy the warmth of a heater indoors.

“When it gets to about 40 degrees, like it will tonight, our primates are ushered inside to their dens,” said Chris Torge, director of animal operations at the zoo. “We also use different types of heat lamps, heat pads, and forced-air heaters for our animals.”

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Some animals require more care than others in cold weather. PJ, a temperature-sensitive rhino, stays warm under large propane heaters and a tarp when temperatures fall below 40 degrees.

However, not all animals mind the cold. The zoo’s Amur leopard thrives in cooler weather, as the species hails from the frigid regions between China and Russia.

Zoo staff customize preparations based on each species’ needs, with some animals requiring little to no extra heat.

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