In a landmark decision that is set to reshape legal standards across the state, the 5th District Court of Appeals (5th DCA) issued a significant decision in Ford v. Florida, addressing the use of dog sniffs in drug-related searches. This case sheds light on the legal limits now imposed on law enforcement’s use of trained dogs to detect drugs during traffic stops.
In Ford v. Florida, officers pulled a Lyft driver over for speeding and asked the Lyft driver for permission to search the back. During the encounter the passenger, Mr. Stephon Ford, the defendant in this case, advised the driver not to consent. Officers brought out a drug sniffing dog regardless, and the dog found seven jars of marijuana, along with other substances. The court in this case held that because it was not “readily apparent” that the substance the K-9 officer smelled was legal medical marijuana or hemp, or illegal marijuana, there was no probable cause for the officers to search the vehicle. This is because over the years, the State of Florida has legalized medical marijuana and later decriminalized hemp products, thus blurring the lines between what is a legal product or illegal product based on scent alone.
Accordingly, as of right now, a K-9 officer’s alert to cannabis is not, by itself, sufficient to serve as the basis for the police to search your vehicle if you are pulled over. If you have been pulled over and a K-9 officer was involved, it is important to know that your rights may have been impacted. While police can use drug-sniffing dogs in certain circumstances, there are strict legal boundaries they must follow to ensure your constitutional rights are upheld.
At Sheppard, White, Kachergus, and DeMaggio, we are well-versed in this area of criminal defense. If you or a loved one has been subjected to a K-9 search during a traffic stop, contact us today. Our experienced attorneys are ready to review the details of your case, explain your options, and fight for the best possible outcome.