DEMARCUS JOHNQUEZ SMITH
v.
STATE OF FLORIDA
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The smell of burnt cannabis combined with other evidence—including the defendant's nonanswer about a medical marijuana license, admission of marijuana in the vehicle, suspicious behavior, location in a high-crime area, and efforts to conceal a baggy—provided probable cause for the vehicle search.
[1] The smell of burnt cannabis emanating from a vehicle, when combined with corroborating evidence such as the driver's suspicious behavior, location in a high-crime area, a…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“It is unlawful to smoke cannabis, even 'medical marijuana,' inside of a vehicle.”
The court established the legal basis for the search, citing § 381.986(1)(k)(5)f., Fla. Stat.
Law enforcement officers smelled burnt cannabis coming from Smith's vehicle and observed him in an area known for narcotics crimes. When approached, S…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
No. 1D2025-0497
DEMARCUS JOHNQUEZ SMITH, Appellant,
V.
STATE OF FLORIDA, Appellee.
On appeal from the Circuit Court for Okaloosa County. Lacey P. Clark, Judge.
September 23, 2026
LONG, J.
Appellant, Demarcus Johnquez Smith, argues that the trial court improperly denied his motion to suppress because the smell of burnt cannabis coming from inside his vehicle could not provide probable cause for law enforcement to search his vehicle. This argument is without merit. It is unlawful to smoke cannabis, even "medical marijuana,” inside of a vehicle. See § 381.986(1)(k)(5)f., Fla. Stat. We note, nevertheless, that the law enforcement officers who searched the vehicle had a wealth of other evidence, including: (1) Appellant's nonanswer to being asked whether he had a medical marijuana license combined with his admission that he had marijuana in the vehicle, (2) Appellant's apparent shock at the initial officer's approach, (3) Appellant's presence in an area known for frequent narcotics crimes, and (4) Appellant's persistent
efforts to prevent law enforcement from discovering the contents of a cellophane baggy that he had in his hand, including stomping on the baggy after dropping it on the ground. See, e.g., State v. Simpson, 414 So. 3d 291, 297–98 (Fla. 6th DCA 2025) (finding that the smell of marijuana was enough to establish probable cause given that the marijuana was smelled in an area that was wellknown for illicit drug activity). We find that the trial court did not err in concluding that the law enforcement officers had probable cause for the search.
Appellant also generally challenges the legality of his initial detention, which preceded some of the acts listed above. But Appellant's brief only addresses probable cause and neglects any argument regarding the reasonable suspicion that is required for an investigatory detention. See Ikner v. State, 756 So. 2d 1116, 1118 (Fla. 1st DCA 2000). Accordingly, Appellant fails to demonstrate that the initial detention—which ultimately led to the search-was unlawful.
AFFIRMED.
OSTERHAUS, C.J., and KELSEY, J., concur.