Background
Defendant Nicholas Smith was stopped by Fort Myers police for traffic violations including running a red light and stopping in a crosswalk. During the stop, a K-9 unit alerted to narcotics in the vehicle, and an officer smelled marijuana. A pat-down of Smith revealed a bag of fentanyl, and a search of the vehicle found marijuana shake. Smith moved to suppress the evidence, arguing insufficient probable cause for the stop and search.
The court’s reasoning
The court reviewed the denial of the motion to suppress for clear error regarding facts and de novo regarding law. The court found the officers had probable cause to stop the vehicle based on observed violations of Florida statutes regarding crosswalks and red lights. The court held that the automobile exception applied because the vehicle was readily mobile and the K-9 alert plus the smell of marijuana established probable cause to search. The court further ruled that the recognizable smell of marijuana provides probable cause for a warrantless search and arrest.
What it means going forward
The decision reinforces that traffic violations provide a valid basis for stops and that canine alerts combined with odor can establish probable cause for vehicle searches without a warrant.