• Loose Cannabis in vehicle
• Vehicle Searches 
• Probable Cause Vehicle Searches

Loose Cannabis Scattered in Vehicle Passenger Area Constitutes Probable Cause to Search 

Officers stopped a vehicle for a stop sign violation. Upon contact, both the driver and passenger (the defendant) appeared nervous. Both told officers there was no cannabis in the vehicle. However, in plain view officers could see a tray commonly used for rolling cannabis joints with a residue consistent with cannabis use, and crumbs of green, loose cannabis scattered on the rear floorboard. Round, circular nuggets of suspected cannabis were on the passenger floorboard, ultimately 0.36 grams. A further search for more cannabis recovered a handgun under the passenger seat. There was no fresh odor of cannabis coming from the passenger area and no additional cannabis or rolling/smoking materials were found during the search. 

On appeal, the defendant contended that the “stray cannabis,” a lawful possession amount, did not constitute probable cause to further search the vehicle. 

The 3DCA ruled the visible, loose cannabis, even if initially observed as a legal possession amount, gave rise to probable cause to believe there ....