Can the cops ask to search your car if they smell weed/marijuana?
In Florida, if a police officer smells marijuana/weed coming from your car, they may have probable cause to search your vehicle without a warrant. This is because marijuana is still illegal under federal law, and possession of any amount of marijuana is illegal under Florida state law, unless it is being used for medical purposes.
However, if the officer stops you for a traffic violation and smells marijuana or weed, they cannot search your car unless they have probable cause to believe that you have committed a crime. Now that medical marijuana is legal in Florida, officers will generally ask if you have a Medical Marijuana License. If you do, that may limit the officer’s ability to search your vehicle without a warrant. But… if you don’t have one, and the officer believes he can smell marijuana (and announces that for the body-worn camera), the officer can likely search your vehicle.
The Police Normally Need a Warrant
In general, police officers need a warrant or your consent to search your vehicle unless they have probable cause or there are exigent circumstances, such as the possibility that evidence is being destroyed or that someone is in danger.
You have the following options if the officer asks you permission to search your vehicle:
First, you can give your consent to the search. However, you should only do so if you are comfortable with the officer finding evidence of illegal activity in your car. It’s important to remember that anything found during a search can be used as evidence against you in court.
Second, you can refuse to consent to the search. You have the right to refuse a search, and the officer must have a warrant or probable cause to search your car without your consent. If you refuse the search, be polite and respectful in your response. You can say something like, “Officer, I do not consent to a search of my vehicle.”
Is there a specific amount of time an officer can detain you to call for a K-9 to search your area?
In Florida, there is no specific time limit on how long a police officer can detain you while waiting for a drug-sniffing dog to arrive at the scene. However, the detention must be reasonable in length and scope based on the circumstances of the case.
The US Supreme Court has held that a traffic stop can last no longer than is necessary to complete the officer’s investigation of the traffic violation. Therefore, if the traffic stop has concluded and the officer has no further reason to detain you, you should be free to leave.
If the officer has reasonable suspicion or probable cause to believe that you have drugs in your car and decides to call for a K-9 to conduct an exterior search of your vehicle, the detention should be no longer than necessary to complete the K-9 search.
It’s important to remember that if you are detained for an unreasonable amount of time, any evidence obtained during the search may be inadmissible in court.
If you are pulled over for any reason, remember to remain calm and respectful during any interaction with law enforcement. Do not argue or resist, as this can escalate the situation and lead to further legal troubles. If you believe that you have been unreasonably detained, you should consult with a criminal defense attorney as soon as possible.
References:
Florida Statutes on Vehicle Searches: Section 933.19
Florida Medical Marijuana Laws: Section 381.986
U.S. Supreme Court Ruling on Traffic Stops: Rodriguez v. United States