South Florida Criminal Attorneys Blog
The U.S. Constitution protects you against unreasonable search and seizure. However, law enforcement gets around the need for a warrant by showing reasonable cause for a search. Usually, police need to show that they had reason to believe you were breaking the law. This generally happens during traffic stops. Before, officers in Florida could search your vehicle if they smelled marijuana. However, due to a change in Florida law, the odor of cannabis or hemp is no longer legal grounds for a police search.
This imposed a problem on police officers because figuring out the difference between marijuana and hemp is now vital. Due to this, any found substance has to go through testing to determine the THC content. Only substances above .3 THC content are illegal. Anything else is legal under the new law. Police have always relied on the distinct smell of marijuana to detect criminal drug use. However, there are now hemp-based lotions and textile products. The “smell of marijuana” does not mean anything illegal is taking place. An experienced lawyer can help you argue that evidence uncovered in a search under the basis that an officer smelled marijuana in your car can be suppressed.
Everyone is entitled to legal representation when facing charges. At Michael B Cohen Law, our priority is making sure that you receive the best legal representation for your federal crime cases. You can schedule a free consultation with us today and learn about your options and ways in which we can help you and your future.