Early this month, a ruling from the Florida Second District Court of Appeal declared that the smell of marijuana alone is no longer enough to justify a police officer’s warrantless vehicle search.

The decision, handed down October 2, 2025, in State v. Williams, could upend years of traffic stop protocol if it expands statewide.

The case that sparked this shift began in Hillsborough County, Florida

Darrielle Ortiz Williams, a passenger in a car stopped for a rolling stop and an obscured plate, was searched after officers said they smelled marijuana.

NewsDaytonaBeach.com reported that police found cannabis and ecstasy, and Williams’ probation was revoked.

But his attorneys argued that odor alone shouldn’t count as probable cause. Especially in a state where medical marijuana is legal and hemp products share the same scent.

The appellate judges agreed, effectively striking down the “plain smell doctrine” in the Second District.

The court said the evolving legal status of cannabis had blurred the line between lawful and unlawful possession

Because of that, smell alone no longer meets the Fourth Amendment standard for probable cause.

In simpler terms, “the nose isn’t a warrant.”

Florida officers in the district must now point to additional factors

Including issues like visible impairment, contraband in plain sight, or suspicious behavior.

Defense attorney John P. Guidry II, who’s been practicing law since 1993, explained in a TikTok update that the ruling could reshape how Florida drug cases start.

He noted that more than 90% of them begin with a car search triggered by the smell of marijuana.

@orlandodefenseattorney

? BREAKING FLORIDA LAW UPDATE ? A new ruling just changed drug cases in Florida forever. In State v. Williams, the court ruled cops can’t search your car based ONLY on the smell of cannabis anymore. ? This is HUGE — more than 90% of Florida drug cases start with an “odor of weed” car search. Now, police need MORE than just smell to justify a search. But here’s the catch: this only applies in the 2nd DCA for now, and the Florida Supreme Court is reviewing it. In Orlando and the 6th DCA, odor searches still stand — but the tide is turning. ⚖️ Criminal defense since ’93. Call (407) 423-1117 – Orlando, FL. CriminalDefense KnowYourRights CannabisLaw LegalUpdate OrlandoAttorney

♬ original sound – John P. Guidry II – John P. Guidry II

For now, though, the change only applies within the Second District Court of Appeal, which covers much of west-central Florida, including Tampa and Lakeland.

Elsewhere in the state, things remain status quo

In Orlando and the Sixth District, police can still use odor-based searches.

That split is why the Florida Supreme Court is now reviewing the case. It’s a move that could go either way: extend or limit the new rule statewide.

If the justices uphold the appeal, every traffic stop in Florida could play out differently

The ruling would make smell-based searches legally risky for officers and a lot harder to defend in court. In other words, a faint scent of cannabis might no longer be the automatic open door it once was.