Leggett v. State
Leggett sought suppression of a firearm and drugs found in his backpack during a traffic stop, arguing under the Fifth District's recent Baxter decision that the smell of marijuana alone no longer supports probable cause for a warrantless search. The court agreed that Baxter would control going forward, but held that because the search here predated Baxter by over a year, the officer reasonably relied on then-binding precedent and the good-faith exception to the exclusionary rule applied, so suppression was properly denied.
Key facts
- Leggett was charged with possession of a firearm and drugs found in his backpack during a traffic stop.
- The officer conducted a warrantless search of the backpack based on the smell of marijuana, which was permissible under then-existing Fifth District precedent.
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Why it matters
This decision confirms that Baxter's holding on marijuana odor does not apply retroactively to invalidate searches conducted under the prior legal regime, giving prosecutors a strong good-faith argument in the wave of… — full analysis with a trial
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