Pumphrey Law Blog

October 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 1st District Court of Appeal, the highest court in Tallahassee and Northwest Florida, did not go so far as to reverse the “plain smell doctrine.” However, the court indicated it may do so in a future case. In Florida, the “plain smell doctrine” has recently been under fire. Following the legalization of hemp and medical marijuana, the odor traditionally …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida’s 2nd District Court of Appeal rules that a confession to possessing drugs can lead to a conviction on a theory of constructive possession – even if no additional evidence besides the defendant’s proximity to the drugs is provided. In Florida, “constructive possession” is established when the State proves someone knew of an illegal item and had the ability to …

October 9, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

After hemp and medical marijuana legalization, Florida’s District Courts of Appeal have voiced differing opinions on how the “plain smell doctrine” should be applied to the odor of marijuana. In Florida, the “plain smell doctrine” is a hotly debated legal concept that serves as an extension of the “plain view doctrine.” It allows law enforcement to perform a probable cause …

October 3, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

Florida Appeals Court Rules the Smell of Marijuana is No Longer Considered Probable Cause in Florida On October 2, 2025 a Florida appeals court ruled that the smell of marijuana alone is no longer enough to establish probable cause for a search, reasoning that the odor is indistinguishable from legal substances like hemp and medical marijuana. As a result, law …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the “plain smell doctrine” is one of the most discussed and controversial areas of criminal law. However, it is often not well understood. This blog will discuss the state of the plain smell doctrine in Florida by answering frequently asked questions about this key legal issue. #1 – What is the “plain smell doctrine”? The “plain smell doctrine” …

September 23, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

The “fruit of the poisonous” tree doctrine is a legal doctrine that excludes evidence obtained from illegal searches, seizures or interrogations from being used in court. It is derived from the Fourth Amendment to the U.S. Constitution, which protections Americans against unreasonable searches and seizures by government agents – including law enforcement. During an investigation, law enforcement will often discover …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of a controlled substance (illegal drugs) is generally a felony offense. But if someone is discovered with items that law enforcement connects with the use or intended use of the illegal substance(s), someone may also be charged with use or possession with intent to use drug paraphernalia (Fla. Stat, 893.147). Florida law defines drug paraphernalia as any …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, possession of drug paraphernalia (Fla. Stat. 893.147) is a very serious offense. Use of or possession with intent to use drug paraphernalia is considered a first-degree misdemeanor, punishable by up to 1 year in jail and a $1,000 fine. Drug paraphernalia is defined as any item or object used, intended to be used, or designed to be used …

August 28, 2025 Don Pumphrey, Jr. Criminal Defense, Drug Charges Social Share

In Florida, the difference between simple possession of a controlled substance and possession with intent to sell is primarily determined by specific factors that indicate a defendant’s intent to sell or deliver the substance, as opposed to simply using it for personal use or consumption. But what turns simple possession into possession with intent to sell, manufacture, or deliver? This …