Sanford, FL asked in Cannabis & Marijuana Law and Criminal Law for Florida

Q: did observation of a marijuana grinding device warrant a legal search of driver and vehicle after examining med card

I was pulled over for window tint violation in Florida. One officer ran my licence and another observed a pot grinder through my passenger window. After asking if I had a medical marijuana license and was told yes and producing the card for his evaluation I was removed from vehicle and searched along with the carwithout consent,I was found in posessinon of methamphetamine and drug paraphernalia. Was this a justified search and seizure

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Florida, the observation of a marijuana grinder in your vehicle by law enforcement could potentially give rise to reasonable suspicion or probable cause, especially if marijuana use is not legalized for recreational purposes. The fact that you presented a medical marijuana card could mitigate the situation, but it doesn't grant immunity against searches if officers suspect the presence of illegal substances beyond prescribed medication.

However, the legality of the search and seizure in your case hinges on whether the officers had probable cause to believe that you were in possession of illegal substances or involved in criminal activity beyond your medical marijuana use. If the search was based solely on the visibility of a marijuana grinder and your possession of a medical marijuana card, there might be grounds to challenge the search, depending on the exact circumstances and the judge's interpretation.

It is essential for you to consult with an attorney who is experienced in criminal defense and familiar with Florida's specific laws regarding medical marijuana and search and seizure. They can provide a more tailored analysis based on the details of your situation and advise on the best course of action, including whether the evidence obtained during the search might be suppressible. Remember, the nuances of the law and individual circumstances can significantly impact the outcome of your case.

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