• Advertise
  • Privacy Policy
  • Contact AskFlagler
AskFlagler
Subscribe
  • Breaking News
  • Politics
    • County Commission
    • Palm Coast City Council
    • School Board
  • Sheriff
  • Historical
  • Community
    • Things to Do
  • Advertise
80.01 °f
Palm Coast
78.88125 ° Wed
76.86 ° Thu
Monday, September 21, 2026
No Result
View All Result
AskFlagler
  • Breaking News
  • Politics
    • County Commission
    • Palm Coast City Council
    • School Board
  • Sheriff
  • Historical
  • Community
    • Things to Do
  • Advertise
No Result
View All Result
AskFlagler
No Result
View All Result
ADVERTISEMENT
Home Crime

Florida Appeals Court Rules Odor of Marijuana Not Probable Cause for Search

Chris Gollon by Chris Gollon
October 7, 2025
in Crime, Sheriff / Court, State Politics
27
0

ⓒ Michael Fischer | Pexels

Share on FacebookShare on Twitter

An appeals court in Florida has ruled that the smell of marijuana no longer constitutes probable cause for a search by law enforcement. The ruling was handed down on October 2nd by the Florida Second District Court of Appeal, striking down the ‘plain smell doctrine’.

Prior to this ruling, law enforcement officers conducting a traffic stop could initiate a search if they smelled marijuana, and have that search justified by probable cause. Now, they’ll need to supplement that with additional factors such as visible impairment, suspicious behavior, or plainly visible drug paraphernalia.

Officers are still authorized to conduct a search if they have a warrant, if the vehicle has been lawfully impounded, probable cause stems from another factor, or if the vehicle’s operator provides consent to a search.

RelatedPosts

2 Arrested for Fleeing Palm Coast Crash

FCSO Chief Deputy Joseph Barile Resigns

Sheriff Staly Compares ‘DeFlock’ to ‘Defund the Police’ But Suspends Flock Cameras

Ohio Man Arrested for Threat Against Rep. Randy Fine

Case Background

The case which changed Florida law was brought by Darrielle Ortiz Williams and his attorneys appealing the revocation of Williams’ probation in Hillsborough County. It was argued that the basis for Williams’ arrest was merely the smell of cannabis, and that due to changes in applicable federal and state laws this was no longer reason enough for an arrest. The courts agreed.

The relevant changes in law leading to the overturning of the plain smell doctrine include the widespread legalization of marijuana, both medically and recreationally, in jurisdictions across the country. Medical marijuana is legal and regulated in Florida, while recreational marijuana remains illegal.

Williams served over a decade in prison for attempted first-degree murder, being released in 2023. That same year he was a passenger in a car which was pulled over for allegedly failing to come to a complete stop leaving a private lot and for having an obstructed license plate. Two officers testified to smelling marijuana, and conducted a search. They discovered cannabis and ecstasy. Williams was found to have violated his probation, based on evidence discovered in a search that was initiated solely due to marijuana smell.

Probable Cause and the Fourth Amendment

“We agree that legislative changes over the years to the definition and regulation of cannabis have eliminated the continuing validity of the plain smell doctrine in this context,” the ruling states. “We accordingly hold that, under the updated statutory text, the smell of cannabis standing alone is insufficient to establish probable cause.”

The ruling went on to cite protections guaranteed under the Fourth Amendment, which prevents unreasonable searches and seizures. The Fourth Amendment is the reason search warrants are required in most cases. In the 1961 Supreme Court decision Mapp v. Ohio, it was ruled that these protections work against local and state governments thanks to the Fourteenth Amendment right to due process.

Tags: cannabiscourtdarrielle ortiz williamsfourth amendmentlaw enforcementmarijuanaplain smell doctrineprobable cause
Advertisement Banner
Chris Gollon

Chris Gollon

Chris Gollon is a Flagler County resident since 2004, as well as a staple of the local independent music scene and avid observer of Central Florida politics, arts, and recreation.

Related Posts

2 Arrested for Fleeing Palm Coast Crash

2 Arrested for Fleeing Palm Coast Crash

by Chris Gollon
September 14, 2026
0

Two Palm Coast residents were arrested Friday for allegedly fleeing a crash in the R Section, the Flagler County Sheriff's...

FCSO Chief Deputy Joseph Barile Resigns

FCSO Chief Deputy Joseph Barile Resigns

by Chris Gollon
September 10, 2026
2

Joseph Barile, the Chief Deputy at the Flagler County Sheriff's Office, has resigned according to an agency release on Thursday....

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

ADVERTISEMENT
Advertisement Banner Advertisement Banner Advertisement Banner
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT

FEATURED POST

Flagler Firefighters Assist in Double-Horse Rescue

Flagler Firefighters Assist in Double-Horse Rescue

September 21, 2026
Volusia Sheriff Chitwood Joins Critics of Florida’s Amendment 3

Volusia Sheriff Chitwood Joins Critics of Florida’s Amendment 3

September 18, 2026
Joe Barile, Sheriff Rick Staly Give Starkly Different Accounts of Chief Deputy’s Departure

Joe Barile, Sheriff Rick Staly Give Starkly Different Accounts of Chief Deputy’s Departure

September 18, 2026
James Macfarlane Hired as Palm Coast Deputy City Manager

James Macfarlane Hired as Palm Coast Deputy City Manager

September 17, 2026

EDITOR PICK'S

Flagler Firefighters Assist in Double-Horse Rescue

September 21, 2026

Volusia Sheriff Chitwood Joins Critics of Florida’s Amendment 3

September 18, 2026

Joe Barile, Sheriff Rick Staly Give Starkly Different Accounts of Chief Deputy’s Departure

September 18, 2026

James Macfarlane Hired as Palm Coast Deputy City Manager

September 17, 2026

Flagler County Challenging Bunnell’s Landfill Approval

September 15, 2026

Flagler Constitutional Officers Holding Amendment 3 Town Hall

September 15, 2026

Florida Gas Prices Reach $4.13, Flagler Even Higher

September 14, 2026
Your source for comprehensive local news in Flagler County. Celebrating six years of reporting about Flagler County, Palm Coast and Bunnell.

Recent News

Flagler Firefighters Assist in Double-Horse Rescue

Flagler Firefighters Assist in Double-Horse Rescue

September 21, 2026
Volusia Sheriff Chitwood Joins Critics of Florida’s Amendment 3

Volusia Sheriff Chitwood Joins Critics of Florida’s Amendment 3

September 18, 2026
Joe Barile, Sheriff Rick Staly Give Starkly Different Accounts of Chief Deputy’s Departure

Joe Barile, Sheriff Rick Staly Give Starkly Different Accounts of Chief Deputy’s Departure

September 18, 2026
James Macfarlane Hired as Palm Coast Deputy City Manager

James Macfarlane Hired as Palm Coast Deputy City Manager

September 17, 2026

Advertise With Us

85,000+ monthly page views from engaged local readers.

Full monthly reporting showing exactly how many people saw and clicked your ad.

Know your cost-per-click, cost-per-impression, and actual ROI No guessing.

No “hope marketing.” Just data.

  • Breaking News
  • Politics
  • Sheriff
  • Historical
  • Community
  • Advertise

© 2026 AskFlagler.com. All Rights Reserved.

Welcome Back!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
No Result
View All Result
  • Breaking News
  • Politics
    • County Commission
    • Palm Coast City Council
    • School Board
  • Sheriff
  • Historical
  • Community
    • Things to Do
  • Advertise

© 2026 AskFlagler.com. All Rights Reserved.