“Free Air Sniff” Helps Land Florida Woman Behind Bars
When a person is charged with a drug-related crime in Florida, one of the strongest ways to defend oneself is to question the legitimacy of any search and seizure performed by law enforcement. If evidence is obtained as a result of an illegal search, it cannot be used in court to argue guilt or innocence. In March 2025, a woman and her male partner were arrested in Sumter County after being caught engaged in intimacy in a public place, but only the woman was charged with drug possession after a “free air sniff” led to finding methamphetamine in her car.
Searches With The Senses Are Usually Legal
In Florida, drug law is both strict and straightforward in most cases. If a person is found to have drugs on them, or if drugs are found in a place only one person controls or has access to, the rebuttable presumption will be established that the drugs belong to that person. However, the method by which drugs are found is crucial – searches must be conducted in conformity not only with state laws, but also with the Fourth Amendment to the U.S. Constitution.
This is true even when a search is done solely with a person’s senses – for example, if a law enforcement officer (LEO) sees bags of drugs on a coffee table in a home after having been lawfully invited inside, that is probable cause for an arrest even if no warrant was obtained. This is known as a ‘plain view’ search, and a ‘free air sniff’ is the rough equivalent, performed with the nose instead of the eyes.
Is A ‘Free Sniff’ Test Legal?
In the Sumter County arrest, a LEO and their K-9 performed a ‘free air sniff’ around the woman’s car, after which the K-9 alerted to a “trained odor” – in other words, to the scent of a drug they had been trained to detect. This is legal when done to a car or other automobile – however, U.S. Supreme Court case law establishes a different level of privacy for one’s home, meaning that a ‘free sniff’ outside someone’s home cannot be done without a warrant.
If a K-9 alerts to the presence of drugs in a vehicle, it generally gives law enforcement probable cause to search that vehicle (though not its driver). However, law enforcement may not keep a person waiting around for longer than a normal traffic stop might last – that is, the stop must be reasonable to the average person. Any peculiarities in the stop may be used as ammunition to convince a judge or jury that the evidence against you should be inadmissible.
Contact A West Palm Beach Drug Possession Attorney
As of this writing, the woman arrested in Sumter County faces several drug-related charges – and if you are ever arrested with drugs in your vehicle, you may face something similar unless you have the right legal help on your side. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help ensure that your rights are protected throughout the legal process. Contact our office today at (561) 721-0552 to speak to an attorney.
Source:
msn.com/en-us/crime/general/florida-woman-arrested-after-allegedly-being-caught-engaged-in-sexual-activity-at-historical-cemetery/ar-AA1CmBze
