{"id":58569,"date":"2024-08-05T07:13:16","date_gmt":"2024-08-05T12:13:16","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58569"},"modified":"2024-08-05T07:13:16","modified_gmt":"2024-08-05T12:13:16","slug":"fl5-with-mmj-smell-of-cannabis-is-no-longer-rs-conflicting-with-fl2","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58569","title":{"rendered":"FL5: With MMJ, smell of cannabis is no longer RS, conflicting with FL2"},"content":{"rendered":"\n

\u201cHere, under the totality of the circumstances, Accra did not develop reasonable suspicion of criminal activity because the degree of suspicion that attached to the observed conduct is too insignificant. \u2026 The record is devoid, in testimony or otherwise, of any circumstances that would have led a reasonable officer to believe that Baxter was unlawfully possessing cannabis at the inception of the investigatory detention. To justify a detention, there must be some context or other factors that, in combination with the potentially lawful activity, creates reasonable suspicion.\u201d \u201cBecause it is no longer \u2018immediately apparent\u2019 that the smell of cannabis is synonymous with criminal activity, it cannot be the sole basis supporting reasonable suspicion for an investigatory detention. Instead, the smell of cannabis is a factor that may be considered under the totality of the circumstances. However, because Accra reasonably relied on binding precedent at the time of the arrest, we affirm. We further certify conflict with the stated holding in Owens [v. State, 317 So. 3d 1218 (Fla. 2d DCA 2021)].\u201d Baxter v. State<\/a>, 2024 Fla. App. LEXIS 6030 (Fla. 5th DCA Aug. 2, 2024).<\/p>\n\n\n\n

The officers testified credibly that defendant failed to stop for a stop sign, which he admitted because of mechanical problems with the car. The fact officer 2 didn\u2019t see it doesn\u2019t mean officer 1 didn\u2019t. United States v. McCoy, 2024 U.S. Dist. LEXIS 137216 (W.D. Okla. Aug. 2, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cHere, under the totality of the circumstances, Accra did not develop reasonable suspicion of criminal activity because the degree of suspicion that attached to the observed conduct is too insignificant. \u2026 The record is devoid, in testimony or otherwise, of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[51],"tags":[],"class_list":["post-58569","post","type-post","status-publish","format-standard","hentry","category-plain-view"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58569","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=58569"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58569\/revisions"}],"predecessor-version":[{"id":58570,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58569\/revisions\/58570"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58569"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}