A new Florida case discussing whether there is a constitutional right to a twelve-person jury in criminal cases may be heard by the U.S. Supreme Court. In Florida, twelve-person juries are not required in criminal cases. Since Williams v. Florida was decided by the U.S. Supreme Court in 1970, the state of Florida has relied upon six-person juries in all …

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 …

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 …

In Florida, statistical evidence is often introduced in cases involving the presence of DNA. Typically, this comes in the form of DNA “matching,” which is often used to argue to a jury that the defendant’s DNA would not be in a particular place if they were not guilty of the charge they were accused of. Examples of the use of …

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 …

In Florida, a call to 911 can be used in court if it meets specific criteria. While the audio of a 911 call is not always admissible at a criminal proceeding, certain characteristics may allow it to be introduced into evidence. Depending on the content of a 911 call, whether or not it is played can impact the outcome of …

In Florida, use of or possession with intent to use drug paraphernalia – even without possession of the underlying drug – is a criminal offense. Fla. Stat. Section 893.147 makes use of or possession with intent to use drug paraphernalia a first-degree misdemeanor punishable by up to 1 year in jail, 1 year of probation, and a $1,000 fine.  However, …

In Florida, hearsay is defined as an out of court statement offered in court to prove the truth of the matter asserted in the statement. Among the most important out of court statements at a criminal trial are prior inconsistent statements – prior statements from a witness that contradict or do not align with the content of their current testimony. …

A major Florida court recently answered a common question – can a K-9 (police dog) sniff of a vehicle that alerts an investigating officer to the potential presence of drugs serve as probable cause for a search? The Fifth District Court of Appeal says no. This article will discuss the Fifth DCA’s Ford v. State ruling and what it means …