Florida’s “Plain Smell” Doctrine

Written by Trinidad Arceo & Jasmin Hernandez Du Bois

The below article is published for purely informational purposes, and is not and should not be considered legal advice, or a representation of appearance, retainment, or any other type of attorney-client relationship.

Can the police search my car if they smell marijuana?

Developments in case law across Florida make challenging police searches & seizures based on marijuana smell possible. Prior to Cherfils v. State of Florida (2025), the odor of marijuana was enough probable cause to expand a traffic stop into a search of an individual’s car. However, in Williams v. State and Baxter v. State, the Court held that the plain smell of cannabis “standing alone no longer can make it clearly or immediately apparent that the substance is contraband.”

However, the police CAN expand the traffic stop into a search of your car if, in the totality of the circumstances, the law enforcement officer has probable cause that a crime has been committed or will occur. 

Does a police officer need probable cause to search my car?

Yes, a police officer does need probable cause to expand an ordinary traffic stop into a seizure, and then search your vehicle. There are three main exceptions to the warrant requirement by which law enforcement officers may search a motor vehicle. The first being, incident to a lawful arrest, which means if the police are arresting someone who was in a motor vehicle, they can search within the wingspan of the driver. The second way is if the search was conducted under the “automobile exception” to the warrant requirement, where there is probable cause to believe that the vehicle contains contraband or other evidence of a crime. Similarly, they can search a vehicle if it has been impounded as part of a reasonable inventory search following standardized procedures. Evidence obtained as the result of an unlawful seizure may be challenged by your attorney via a “Motion to Suppress.”

What are the other factors the police will consider when deciding to search my car?

There are many factors that the police will consider when deciding to search your car. This includes differentiating burnt marijuana from raw marijuana, which is included in their training. If an officer observes that you are not keeping medical marijuana in its dispensary packaging, they have probable cause to search your vehicle. Other things that provide probable cause for an officer to search your vehicle are visible burnt marijuana cigarettes or contraband, signs of intoxication, suspicious behavior, and having a weapon in the car. Contact me, a SWFL criminal defense lawyer for a free consultation on whether a motion to suppress evidence would be strategic in your case.