News 4 Florida
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
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.
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