TALLAHASSEE, Fla. (WCTV) - The smell of marijuana is no longer enough to establish probable cause for police to justify a search, a Florida appeals court ruled on Wednesday.
In court records obtained by WCTV on Thursday, the Second District Court of Appeal stated that, due to legislative changes over the years, including the legalization of medical marijuana and hemp, the plain smell doctrine no longer applies independently.
Background
The ruling pertains to the case of Darrielle Ortiz Williams. Williams was released from prison in April 2023 after serving time for attempted murder, aggravated battery, aggravated assault, and felon in possession of a firearm. His release was followed by ten years of probation.
Williams was then arrested later that year for violating his probation, acco