Tampa Criminal Lawyer Blog
You pull into an Orlando gas station. Police watch you chat with a friend, grab something from your car, and head inside. They flag your window tint, stop you down the street, and ask you to roll down a window. The moment you crack the door an officer claims he smells raw cannabis. Minutes later you are cuffed while another officer digs through a backpack on the passenger seat and finds a gun, four ounces of marijuana, and powder drugs. That is exactly what happened to Travis Simpson. A trial judge threw the evidence out, but Florida’s Sixth District Court of Appeal reversed. The court said the search was legal because two facts—fresh-cannabis odor plus a neighborhood known for drug deals—created probable cause under the automobile exception.
Why the Ruling Matters to You
Police still lean on the “I smelled weed” line, even though hemp and medical marijuana are now legal in Florida. Simpson’s case shows that, once an officer adds any extra detail—a “high-crime” area, nervous answers, furtive movements—the courts may say probable cause exists. If that thinking goes unchecked, every car that smells like a dispensary purchase becomes fair game for a full-blown search.
Can Officers Really Search on Odor Alone?
The law is in flux. Some districts have held that smell alone is no longer enough because legal hemp smells the same as illegal cannabis. The Sixth District sidestepped the question by treating odor as one brick in the wall rather than the whole wall. Expect prosecutors to copy that playbook:
- Odor – “I smelled raw marijuana as soon as the window opened.”
- Location – “The stop happened on a street where we make drug arrests daily.”
- Experience – “I’ve been a narcotics officer for ten years.”
Stacked together, those bricks can satisfy the low bar of probable cause. Your job is to knock one out and collapse the wall.
Four Ways to Attack a Search
- Challenge the sniff. Body-cam audio, dash-cam video, or passenger testimony may show the officer never mentioned odor until after the search started.
- Question the geography. A “high-crime” label often rests on outdated stats or a handful of incidents that have nothing to do with drugs. Demand real numbers.
- Push the hemp defense. Lab results, dispensary receipts, or a medical card can prove what the officer smelled was legal.
- Highlight the timeline. Probable cause must exist before the search begins. If the officer opened a backpack first and “noticed” odor later, the sequence kills the State’s argument.
Practical Tips During and After a Traffic Stop
Keep windows up until asked to lower them. If an officer says, “I smell marijuana,” respond calmly: “Officer, I do not consent to a search.” Say no more. Record as much as the law allows, and save that footage. Write down everything as soon as you are released—who said what, where you were, how long the stop lasted. Small details can swing a suppression motion in your favor.
The Stakes Go Beyond One Arrest
A cannabis scent case rarely ends with a simple possession charge. Simpson faced trafficking counts and a firearm-by-felon allegation. Once officers start digging, they seize cash, guns, and phones, and prosecutors stack charges. Winning the suppression motion often means winning the entire case because the State loses its evidence.
Talk to a Tampa Criminal Defense Lawyer Now
Search challenges are time-sensitive. Surveillance video erases, tow-yard inventories disappear, and officers’ memories fade. The Mayberry Law Firm will secure that proof, file targeted motions, and fight every assumption the State tries to pass as fact. Call 813-444-7435 or use the online contact form for a free, confidential review today. Acting fast may be the difference between a dismissal and a lifelong record.