Field Resource · Case Law
Probable Cause
Quick reference—verify current law and follow agency policy. Summaries do not independently establish search or arrest authority.
Florida tags identify Florida state-court decisions. Nationwide decisions apply in Florida too; DCA decisions may have district-specific limits.
Baxter v. State
Cannabis odor and reasonable suspicion · 389 So. 3d 803 (Fla. 5th DCA 2024)
The Fifth DCA held that fresh cannabis odor alone does not establish reasonable suspicion after legalization of hemp and medical marijuana.
District-specific cannabis rule
Ford v. State
Cannabis-trained K-9 alerts · No. 5D2023-1995 (Fla. 5th DCA 2025)
The Fifth DCA held that an undifferentiated K-9 alert alone was insufficient probable cause when the dog could also alert to lawful hemp or medical marijuana.
District-specific K-9 rule
Illinois v. Gates
Evaluate the whole picture · 462 U.S. 213 (1983)
Probable cause to search depends on all the circumstances: whether the facts establish a fair probability that evidence or contraband will be found in the place searched.
Williams v. State
Cannabis odor and vehicle searches · No. 2D2023-2200 (Fla. 2d DCA 2025)
The Second DCA held that cannabis odor alone does not establish probable cause for a vehicle search and receded from its earlier Owens rule.
District-specific cannabis rule