In what could be a landmark ruling, a Florida appeals court has determined that a drug-sniffing dog’s alert alone does not justify a police search of a vehicle, particularly in the era of legalized medical marijuana.

Why? The court ruled that since a dog cannot distinguish between medical and illegal marijuana, its alert does not provide sufficient probable cause.

What Happened: The case stemmed from a 2020 traffic stop where a police officer called for a drug-sniffing dog after stopping a Lyft car for speeding and faulty lights, reported News4Jax. Upon arrival, the dog alerted authorities to the presence of drugs, leading to a search that uncovered marijuana, crack cocaine, ecstasy and methamphetamine, leading to the arrest of the passenger, Stephon Ford.

A circuit judge refused to suppress the evidence, noted the outlet, but the appeals court sided with Ford who argued that the dog could not differentiate between medical marijuana and illegal substances. The court stated that without knowing whether the dog detected illegal drugs or legally possessed medical marijuana, the alert could not provide the necessary probable cause for a warrantless search. The cannabis found, by the way, was not medical marijuana.

In a concurring opinion, Judge Jordan Pratt noted that this ruling, along with a previous decision regarding the odor of marijuana, reflects the “collateral consequences” of cannabis legalization. While medical marijuana is legal in Florida, it remains illegal under federal law.

Limitations On Canine Searches

Judge Pratt clarified that the ruling does not entirely eliminate the use of drug-sniffing dogs in vehicle searches. Dogs trained to specifically alert to illegal substances can still provide probable cause for a search.

"An alert by a dog trained not to alert to cannabis — or to alert to cannabis differently than it alerts to other drugs — can still on its own supply probable cause," Pratt wrote. "And for another thing, even without such canine training, an undifferentiated alert can supply probable cause when combined with an officer's questions ruling out the presence of lawful cannabis. Officers easily can be trained to ask such questions in conjunction with a dog's undifferentiated alert."

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