Baxter v. State
The Fifth DCA affirmed the denial of a motion to suppress marijuana and paraphernalia found during a traffic-stop-like encounter, holding that activation of emergency lights alone did not convert a consensual encounter into a Fourth Amendment seizure, and that the totality of circumstances (parking at a closed business, inconsistent statements, a furtive movement, and the smell of marijuana) established reasonable suspicion and probable cause without needing to resolve whether the 'plain smell' doctrine alone still suffices post-hemp-legalization. A concurrence certified a question of great public importance asking whether the plain-smell doctrine still supports reasonable suspicion/probable cause, and a dissent argued the smell of marijuana alone can no longer establish reasonable suspicion given hemp legalization and would have certified conflict with the Second DCA's decision in Owens v. State.
Key facts
- Police activated emergency lights during a traffic-stop-like encounter with a vehicle parked at a closed business and observed the occupant make furtive movements and smell marijuana.
- The trial court denied the defendant's motion to suppress marijuana and paraphernalia discovered during the encounter.
- +2 more key facts with a free trial
Why it matters
This opinion is significant because it directly engages the unsettled and recurring post-hemp-legalization question of whether the smell of marijuana alone still supports reasonable suspicion or probable cause—an issue… — full analysis with a trial
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