A Florida Drug Possession Defense Attorney Explains Your Rights, Police Limits, and What to Do Next

You’re driving home after work. Maybe you're a few miles over the limit. A patrol car flashes its lights behind you. You pull over, expecting a citation. Instead, the officer starts asking questions, peering into your windows, and hinting that something “smells off.” Suddenly, you're standing on the side of the road, and your car is being searched.

This is more common than most people realize — and often illegal. If you're wondering whether police can search your vehicle just because of a speeding stop, the answer is generally no. But law enforcement agencies often push the limits, hoping drivers won't object.

I’ve defended countless Floridians charged after unlawful searches. If you’re facing a drug charge or any criminal accusation following a traffic stop, you need to understand your rights and act fast. The law does not favor hesitation.

Florida’s Search and Seizure Laws

Under Article I, Section 12 of the Florida Constitution, and the Fourth Amendment of the United States Constitution, you have the right to be free from "unreasonable searches and seizures." The law requires that law enforcement have either:

  • A valid warrant, or

  • Probable cause plus an established exception to the warrant requirement.

In the context of a traffic stop for speeding, neither of those conditions are typically met at the outset.

Florida Statute § 316.183 – Unlawful Speed

To understand how this unfolds, let’s start with the speeding law itself.

Florida Statute § 316.183(2):

"No person shall drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing."

A speeding stop gives an officer the right to request your license, registration, and insurance, and issue a citation. It does not give them the right to search your vehicle unless another legal justification arises.

When Can a Search Be Lawful After a Traffic Stop?

There are limited exceptions where police may search your vehicle without a warrant, even during a routine traffic stop. These include:

1. Consent

If you say “yes” when an officer asks to search your vehicle, you’ve just waived your Fourth Amendment rights. This is the most common way people allow searches.

2. Plain View or Plain Smell Doctrine

If an officer sees drugs, paraphernalia, or weapons in plain view — or claims to smell marijuana — they can use that as probable cause to search.

Florida courts, such as in State v. Betz, 815 So. 2d 627 (Fla. 2002), have upheld that the smell of marijuanacan establish probable cause for a search. However, post-legalization of hemp, the law has shifted.

3. Search Incident to Arrest

If you’re arrested for something else during the stop — such as driving on a suspended license — police may search areas within your reach for weapons or contraband.

4. Probable Cause of a Crime

If the officer has a legitimate, articulable reason to believe that a crime has occurred or is ongoing — such as spotting baggies, cash rolls, or erratic behavior — they may justify a search.

5. Vehicle Impound/Inventory Search

If your car is impounded, officers may conduct an inventory search — but it must follow department policy and not be a cover for a fishing expedition.

What the Law Does Not Allow

Police cannot lawfully:

  • Search your vehicle just because you are nervous

  • Search based on a hunch

  • Search because you exercised your right to remain silent

  • Hold you longer than needed to issue a citation to wait for a K-9 unit unless they have reasonable suspicion

The U.S. Supreme Court made this clear in Rodriguez v. United States, 575 U.S. 348 (2015):

“A traffic stop prolonged beyond the time reasonably required to complete the mission of issuing a ticket violates the Constitution.”

Real Case Example – How I Got the Evidence Thrown Out

A client of mine — a young man in his 20s — was pulled over in Tampa for going 10 mph over the limit. He had no prior record. The officer asked if he had anything illegal in the car. My client said “No,” but declined a search.

The officer claimed to smell “fresh marijuana” and called for backup. After 15 minutes, a second officer arrived and searched the vehicle. They found a small amount of marijuana and a prescription bottle with another person’s name. He was charged with possession of a controlled substance.

Here’s how we won:

  • We showed that the officer unlawfully extended the stop beyond its original purpose.

  • There was no real probable cause — just a claim of a smell, unsupported by bodycam footage or corroboration.

  • Florida law, post-2019, makes it difficult to distinguish between legal hemp and marijuana by smell alone.

  • We filed a motion to suppress all evidence based on the illegal search.

The court granted the motion, and the charges were dismissed. Had he gone with a public defender or tried to handle it alone, that evidence may never have been challenged.

Why a Private Defense Attorney Is Essential

If you were pulled over for speeding and your vehicle was searched, you’re probably facing much more than a simple traffic fine. Police may have uncovered prescription drugs, marijuana, cash, firearms, or other items they consider suspicious.

Once that happens, prosecutors rarely back off. You’re now dealing with:

  • Drug possession charges

  • Potential intent to distribute accusations

  • Forfeiture of your property or cash

  • Mandatory minimums

  • License suspension

A Drug Possession Defense Attorney like me doesn’t just show up and ask for a plea deal. I look at the stop itself, the officer’s behavior, the legality of the search, and whether your rights were violated. Many cases are won not on guilt or innocence, but on suppression of evidence.

How Florida Courts Treat Car Searches

Florida appellate courts have reinforced limits on vehicle searches, especially where the only basis is a minor traffic infraction. Some key rulings include:

  • State v. Roman, 103 So. 3d 922 (Fla. 2d DCA 2012): Holding a driver too long to await a drug dog without reasonable suspicion was unconstitutional.

  • State v. Teamer, 151 So. 3d 421 (Fla. 2014): The smell of marijuana alone, especially after hemp legalization, is no longer always sufficient for probable cause.

We use these precedents to aggressively fight search-and-seizure-based prosecutions.

What Should You Do If This Happens?

If you’re pulled over:

  • Stay calm and respectful

  • Never consent to a search

  • Do not volunteer information

  • Ask, “Am I free to go?”

  • Never argue on the roadside — fight in court

And if police searched your car after a stop for speeding — even if you feel guilty — call me. I may be able to get the case thrown out entirely.

FAQs Answered by a Florida Drug Possession Defense Attorney

Can police search my car without a warrant in Florida?
Yes, but only if they have probable cause or meet a valid exception like consent, plain view, or search incident to arrest. A routine speeding stop does not justify a search unless additional legal grounds are present.

Is the smell of marijuana enough for probable cause in Florida?
Not necessarily. Since hemp was legalized in Florida in 2019, the smell of cannabis alone no longer clearly establishes probable cause. Officers must often support it with other facts like behavior, paraphernalia, or visual evidence. Courts have become increasingly skeptical of “odor-only” justifications.

What if I said “yes” to a search because I was scared?
Consent must be voluntary. If we can show that you were intimidated, coerced, or unaware of your right to say no, your consent might be invalid. This can lead to the exclusion of evidence.

How long can police hold me at a traffic stop?
Only as long as it takes to complete the purpose of the stop — such as writing a citation. Prolonging the stop without reasonable suspicion of a crime is unconstitutional. In Florida, this has led to the suppression of evidence in many cases.

What happens if the search was illegal?
If we can prove the search violated your constitutional rights, any evidence found as a result of that search can be thrown out under the “exclusionary rule.” Without the evidence, the prosecution may be forced to dismiss the case.

I had a suspended license, and they searched my trunk. Is that legal?
It depends. A search incident to arrest only allows police to search areas within your immediate control. Searching your trunk may be unlawful unless they had probable cause unrelated to the arrest.

Can police use a drug-sniffing dog during a traffic stop?
Yes, but they cannot delay the stop just to wait for the dog unless they have reasonable suspicion. If the dog was used improperly, any evidence they found may be challenged in court.

What if my car was towed and then searched at the impound lot?
Police can conduct an “inventory search” to log your belongings before impoundment. However, this must follow strict departmental guidelines. If it appears they used this as a pretext to search for contraband, we can challenge it.

Does hiring a private attorney really make a difference?
Yes. Public defenders are often overwhelmed and under-resourced. A private attorney will thoroughly analyze the stop, the timeline, the officer’s report, and file motions to suppress evidence — actions that can lead to dismissal or a significantly better outcome.

What should I do right after this happens?
Call a Florida Drug Possession Defense Attorney immediately. Do not discuss the case with anyone else. Preserve any dashcam footage, gather your citation paperwork, and write down everything you remember. Every detail helps us build your defense.

Speak With a Drug Possession Defense Attorney Now – Protect Your Rights Before It’s Too Late

Police can’t search your car just because you were speeding — but that hasn’t stopped them from trying. If you were searched after a routine stop, the clock is ticking. The sooner you involve an experienced private attorney, the more options you’ll have.

Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation. We have over 30 office locations throughout all of the state of Florida and serve all counties in Florida including Jacksonville, Miami, Tampa, Orlando, St. Petersburg, Hialeah, Port St. Lucie, Cape Coral, Tallahassee, Fort Lauderdale, and the Florida Panhandle.