To smell or not to smell: K-9 cops and traffic stops

You know, the media can be a wonderful thing, especially when used to help people. Some of the ways it helps the general population is through reporting on world affairs, informing us about the pros and cons of vaccinating our children, and even keeping us updated on weather and traffic conditions. However, as a powerful medium for disseminating information, the media is also rarely impartial because the “powers that be” that control the various media are NOT impartial and therefore impose the spin on the information it generates.

Twist is the direction any topic can take, depending on how the story is told. CNN and Fox News may tell the same story, but the sentiment that a viewer or listener takes away from that story will likely depend on how the story was told. Was the issue portrayed negatively or positively? It all depends on how the presenters want the information to be interpreted.

I think this is true with a particular song that we hear about almost daily. Yes, that would be Cannabis. I don’t even know what to call it anymore because the name seems to change so often it’s hard to keep up: weed, weed, weed, dro. Who knows more What surely everyone knows by now is that it is a subject that is as controversial now as it has always been.

There is a field that tends to be more conservative and touts that it is a gateway drug, meaning that it is believed to often lead to other, more dangerous drugs. Additionally, research has shown that it affects brain function and can impair memory, as well as create other similar problems. A lot of research has been done to support these views, but again, you have to consider the number of effects that can be involved.

This is also a consideration when you hear arguments raised by the other party; that is, those who support the legalization of Cannabis. They have also had researchers who defend the safety of cannabis and the benefits of its use. The fact that it is a natural herb that requires little processing before use is something that proponents use to substantiate their claim that it should be legalized. Of course, the same can be said for opium, but no one is pushing to legalize it.

The legalization of medical grade cannabis opens a completely different Pandora’s box that is similarly hotly debated. Although there was a 2014 referendum to legalize medical marijuana in Florida, it did not get the 60 percent of the vote required to make it law.

This is a multi-pronged problem that creates a tremendous divide among most people. There are those who support its use for recreational purposes and feel that it is harmless. Then there are those who support its legalization for medical use. These advocates often feel that it is a much better alternative to some other traditional medications because it can be used to alleviate the symptoms of diseases such as glaucoma and cancer. However, there are also those who vehemently oppose its use and are equally convinced that there is no difference between it and many drugs that have more obvious effects. Each of these camps is as fervent in its opinions as the others.

No matter how you feel about this particular dispute, the lack of legalization of any type of cannabis means that even if you feel it is harmless, it is still illegal in the state of Florida. As such, if you are still participating in its use, I highly recommend that you do not do so in your vehicle. Something as simple as a wrong lane change can cause a police officer to stop you. You can use the excuse that you smell marijuana to search your car and what you find there is admissible as evidence in court.

What the cop thinks he can smell looks very different from what a canine cop can detect. There has been much controversy surrounding the use of canine agents to sniff out drugs during a traffic stop. In fact, in 2013, the Florida Supreme Court heard two cases on whether or not the use of K-9 units violated the Fourth Amendment rights of those who were subjected to canine searches.

Although these cases were closely scrutinized by attorneys and the general population alike, the result left the problem pretty much as it began. In one case, judges found it legal to allow drug dogs to sniff out drugs during a traffic stop. I’m not sure I agree with this decision because it was based on a drug addicted dog’s reaction to an odor on a car door handle during a traffic stop. The judges found this to be probable cause, but at the end of the day, a dog is still a dog. Perhaps the driver had a juicy hamburger just before opening his car door. No matter how well trained a dog is, they are scavengers by nature and cannot be trained to drive them out of instinct.

The second case concerned whether these wonderful drug sniffing dogs could be used to search houses. In this case, it was determined that it is illegal to allow police dogs to search someone’s home for drugs without a search warrant.

What does all this mean to you? I am NOT advocating breaking any laws at all. However, if you decide to engage in the practice of smoking any illegal substance, do so at home and not in your car. He doesn’t want Fido to confirm the policeman’s suspicions by finding a “cockroach”, paraphernalia like a pipe, or even traces of any illegal substance. Now if a police officer shows up at your home with a police dog and wants the dog to search for drugs, make sure you have a court order to do so.

Even if Amendment 2 had passed, many law enforcement agencies are prepared to address the issue of “drugged driving” just as they do when driving under the influence of alcohol. There is a distinction between DWI and DUI. Drunk driving implies that you are driving a vehicle after consuming alcohol; Driving under the influence of alcohol means being affected by ANY substance, even if it is a prescription drug. This would apply to marijuana, if it were ever legalized even for medicinal use.

Make no mistake that penalties for receiving a DWI or DUI traffic ticket carry serious consequences. If you are convicted of any illegal drug charge, you can lose your driving privileges for six months to two years. This is not a charge to be taken lightly, so if you are arrested and found in possession of Cannabis or any other illicit substance, please call our office at 954-967-9888 for a free consultation. We have years of experience representing clients who receive all types of traffic tickets.

Leave a Reply

Your email address will not be published. Required fields are marked *