Can A Cop In Okaloosa County Search My Car or House If He Says He Smells Marijuana?

Police Searching Car In Okaloosa County After Smelling Marijuana

Under Florida Law, if the police officer, based on his/her training and experience, smells what they believe to be the odor of marijuana or cannabis, they have probable cause to search your car.

However, based on the circumstances or your individual case, it may be possible to challenge the officer’s assertion and the search itself, thereby suppressing the evidence obtained during the search.

Police Searching Your Home In Okaloosa County After Smelling Marijuana

Since possession of marijuana is a misdemeanor charge, it doesn’t qualify for what is called “exigent circumstances.” And since your home has a higher level of privacy than a car, truck, or other vehicle; they would be required to get a search warrant to go inside. So the bottom line is that generally cops cannot search your home.

After years of criminal defense work, the most common question I get after a marijuana possession arrest in Okaloosa County refers to the first point, “Can police search my car” and one I’m very good at handling, so call me at (850) 362-6655 if you need help.