Pot ‘Plain Smell’ Doctrine Rejected for Florida Cop Searches

Merely smelling cannabis on a person can’t justify a police search a Florida appeals court ruled Wednesday.

A rare en banc decision from the entire Second District Court of Appeal held that due to the expansion of legal medical marijuana Florida police need more than just a whiff of weed to detain and search someone. It’s a rejection of the “plain smell” doctrine, which came from a Fourth Amendment search protection exception for contraband that police can see in “plain sight.”

“In light of significant legislative amendments to the definition and regulation of cannabis, its mere odor can no longer ...