MARTIN COUNTY, Fla. — A Lake County appellate court ruling on the use of drug-sniffing K-9s could send shockwaves through Florida's criminal justice system.
A Lyft driver in Lake County was pulled over for speeding and did not consent to a search. Cops called in the drug dog which later alerted that the passenger had drugs on him, leading to his arrest.
The three-judge panel said the use of a drug-sniffing K-9, did not in that situation, justify a warrantless search, even though it did alert to drugs in the car.
The issue hat to do with marijuana. Typically, the odor of cannabis was enough for a warrant-less probable cause search of a vehicle, but with the prevalence of medicinal marijuana, the judge’s panel said the dog could not differentiate between legal and illegal pot, so, in one of the judge’s words, “Is that sniff up to snuff? Going forward, that dog won't hunt.”
If the Martin County Sheriff’s Office calls in K-9 Maverick or K-9 Nitro during a traffic stop, they’re looking for drugs. Cocaine, methamphetamine, heroin— all up for grabs. One thing that isn’t? marijuana.
WPTV Reporter Michael Hoffman spoke with Martin County Sheriff John Budensiek who says the department made the change because they saw where the industry was headed.
“We started phasing our marijuana-sniffing canines out,” Budensiek said. “We saw the legal dilemma that put our canine handlers in because we know that their canines are not capable of differentiating between legal marijuana and illegal marijuana.”
Benjamin Priester, an expert in search and seizure law, says it has the potential to shake up the Sunshine State, mainly because drug dogs, while trained to sit, stay, attack and search, can’t tell humans which drug they’ve found in a search.
"They're not trained to alert differently. They're just told, you know, when you smell one of the things you know to look for, you sit down," Priester said. "This opinion, if its rationale would be used going forward, would say that those dog alerts to the car aren't worth anything anymore, or they're worth a lot less."
It's important to note that this is not law nor does it take legal precedent until it’s weighed on by the Florida Supreme Court. WPTV also spoke with the Palm Beach County Sheriff’s Office who says they’re waiting to make the change after the court’s decision
