Jackie Perczek Files Amicus Brief Addressing Marijuana Arrest Issue in Florida 5th District Court of Appeal

VICTORY! As Co-Chair of the Amicus Committee of the Florida Association of Criminal Defense Lawyers, Partner Jackie Perczek authored an amicus brief on behalf of FACDL and Professor Catherine Arcabascio of Nova Southeastern University College of Law, arguing against police using the smell of marijuana alone to justify a stop or search. The Fifth District Court of Appeal agreed, holding in Baxter v. State that the smell of marijuana by itself no longer gives police the right to conduct an investigatory detention. You can read Jackie’s brief here. You can read the Fifth District’s decision here.