You’re pulled over on US-41 near the Caloosahatchee bridge. Maybe it’s a routine stop for a broken taillight. Then an officer walks a police dog around your vehicle. The dog alerts, and suddenly officers are searching your car.
Or maybe the officer says they smell marijuana. The question that matters is simple: Was the search legal?
In Florida, the answer has become more complicated because hemp and medical marijuana can be legally possessed in certain circumstances. If you’re facing drug charges after a vehicle search, understanding how this change affects your rights can be important.
Why Doesn’t the Smell of Cannabis Automatically Justify a Search?
In the past, smelling marijuana could give an officer a reason to believe an illegal substance was in a vehicle. The same was true when a police K-9 trained to detect marijuana alerted to a car.
Today, the situation is different. Florida allows certain forms of cannabis-related products, including hemp and medical marijuana. Hemp and marijuana can smell similar, and a police dog may not be able to tell whether it is detecting a legal or illegal substance.
That creates an important question. If an officer or police dog detects the smell of cannabis, what does that actually mean?
- Legal hemp could be present.
- Lawfully possessed medical marijuana could be present.
- Illegal marijuana could be present.
Because smell alone may not answer that question, some Florida courts have reconsidered whether cannabis odor by itself is enough to justify a search.
In Baxter v. State, 389 So. 3d 803 (Fla. 5th DCA 2024), Florida’s Fifth District Court of Appeal concluded that cannabis odor alone does not establish reasonable suspicion of criminal activity. Reasonable suspicion is a legal standard that allows police to briefly investigate when specific facts suggest a crime may be occurring.
In Ford v. State, 400 So. 3d 838 (Fla. 5th DCA 2025), the court addressed a similar problem involving a K-9 alert. If a dog cannot distinguish between legal and illegal substances, its alert alone may not establish probable cause. Probable cause generally means there is a reasonable basis to believe evidence of a crime will be found.
Why Does Your Location in Florida Matter?
Florida is divided into different appellate court districts. Those courts can sometimes reach different conclusions about legal questions until the issue is settled more broadly.
That matters for drivers in Fort Myers and Lee County.
Lee County is now part of Florida’s Sixth District Court of Appeal. Before the Sixth District began operating in January 2023, Lee County was part of the Second District.
The Second District previously ruled in Owens v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021), that cannabis odor could provide probable cause even after hemp became legal. The Second District later changed its approach, concluding that cannabis odor alone is not enough to establish probable cause and should instead be considered along with the other circumstances surrounding the stop.
For Fort Myers drivers, the important point is this: the law is still developing. As of September 2026, the Sixth District has not issued a definitive published ruling establishing whether cannabis odor or a K-9 alert, by itself, provides probable cause for the type of vehicle search discussed here.
Can Evidence Found During a Vehicle Search Be Challenged?
Potentially. A criminal defense lawyer can review how the traffic stop and search happened to determine whether your constitutional rights may have been violated.
One possible option is a motion to suppress. This is a request asking the judge to prevent prosecutors from using evidence that was allegedly obtained through an unlawful search or seizure.
Whether a search can be challenged depends on the specific circumstances. An attorney may look at questions such as:
- Why did the officer stop the vehicle?
- What did the officer observe before searching?
- Did a K-9 alert to the vehicle?
- What substances was the dog trained to detect?
- Were there other facts supporting the search?
If the search resulted in drug allegations, you can also learn more about controlled-substance possession charges.
Small details can matter. Two traffic stops that seem similar may raise very different legal issues once an attorney reviews exactly what happened.
What Should You Do if Police Want to Search Your Car?
If an officer wants to search your vehicle, remember these three points:
- You do not have to consent. You can decline an officer’s request for permission to search. Police may still conduct a search if they have another lawful basis to do so.
- Do not argue at the scene. If you believe a search was unlawful, that issue can be addressed later in court.
- Be careful about what you say. Statements you make during a traffic stop may later be used as evidence.
You can also review our guidance on what to do during a traffic stop.
For drivers in Fort Myers and elsewhere in Southwest Florida, whether cannabis odor or a K-9 alert supports a vehicle search can depend on what happened during the stop and which legal rules apply.
Talk to a Fort Myers Criminal Defense Attorney About a Vehicle Search
If a vehicle search led to criminal charges, you do not have to figure out these legal questions on your own. The attorneys at the Law Firm of Scott T. Moorey can review what happened, explain the law in plain English, and help you understand whether there may be grounds to challenge the search or resulting evidence.
Contact our law office to discuss what happened and your possible next steps.