Pot Ruling Affects Police Searches
In a landmark Lake County case, a three-judge panel of the 5th District Court of Appeal ruled this week that a drug-sniffing dog’s alert did not justify police searching a car. This is because a dog is not able to differentiate between legal medical marijuana and illegal cannabis.
In September 2020, a Groveland police officer stopped a Lyft car for speeding and having broken tag lights. The officer’s drug-sniffing dog, Polo, was led around the car and alerted to the presence of drugs.
Officers subsequently found illegal marijuana, crack cocaine, ecstasy, and methamphetamine, leading to the arrest of Stephon Ford. A circuit judge refused to suppress the evidence from the dog’s discovery, but the appeals court backed Ford’s argument that Polo may have alerted to marijuana that could have been for medical use.
Judge Jordan Pratt, in a concurring opinion, noted that Tuesday’s ruling, along with a similar decision from last year, demonstrates that “cannabis legalization carries collateral consequences.”
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