Cannabis odor and vehicle searches
No. 2D2023-2200 (Fla. 2d DCA 2025)
Florida DCA decision — check controlling district and later decisions.
Quick Rule
The Second DCA held that cannabis odor alone does not establish probable cause for a vehicle search and receded from its earlier Owens rule.
Field Reminder
Identify additional facts indicating illegal possession or use, and verify the controlling district's law.
District-specific cannabis rule
The historical search was upheld under good faith. District approaches differ: the First DCA's 2026 Smith decision addressed burnt cannabis and additional facts. Do not apply a single odor rule statewide.
Sources
Opinion sources reviewed October 4, 2026. Editorial summaries; not a comprehensive review of later decisions or Florida-specific requirements. Follow agency policy, certified training, and State Attorney guidance.