State of Florida v. Cedrick Powell

Summary

The First District Court of Appeal of Florida held that the trooper had an objectively reasonable basis to conduct an investigatory traffic stop based on a reasonable suspicion that Powell was driving without a valid license. The court further held that the odor of marijuana, Powell’s statements, and the surrounding circumstances supplied probable cause to search the vehicle without a warrant. The court vacated the order granting suppression and remanded for further proceedings.

Holdings

1. A traffic stop is constitutionally reasonable when the officer has a particularized and objective basis to suspect a traffic or criminal-law violation; the officer's subjective motivation or alleged pretext does not invalidate the stop.
2. The odor of marijuana, considered together with the surrounding circumstances and Powell's admission that he had smoked marijuana in the vehicle while lacking a medical marijuana card, supplied probable cause to search the vehicle without a warrant.

Questions Presented

1. Whether the traffic stop was lawful when the trooper had an objectively reasonable basis to suspect that Powell was driving without a valid license, notwithstanding any subjective or pretextual motivation.
2. Whether the odor of marijuana, together with the surrounding circumstances and Powell's statements, supplied probable cause for a warrantless search of the vehicle.

Disposition

vacated