Hoehaver v. State
The Fifth DCA affirmed denial of a motion to suppress fentanyl and methamphetamine found after a traffic stop, holding that an officer's detection of burnt marijuana odor from a vehicle continued to provide probable cause to search despite Florida's legalization of medical marijuana and hemp. The majority followed the Second DCA's Owens decision, while a special concurrence argued the case should instead be resolved on totality-of-the-circumstances grounds, emphasizing that the officer eliminated lawful explanations (no medical card, no hemp) before searching.
Key facts
- Defendant was stopped for a traffic violation, and an officer detected burnt marijuana odor emanating from the vehicle.
- A search of the vehicle revealed fentanyl and methamphetamine; defendant moved to suppress the evidence.
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Why it matters
This opinion is useful for both prosecutors and defense counsel litigating the increasingly common argument that hemp/medical marijuana legalization undermines the traditional 'plain smell' doctrine for vehicle… — full analysis with a trial
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