Background
Humberto Abreu appealed from the Circuit Court for Charlotte County, where Judge Lisa S. Porter presided. The Sixth District’s brief opinion does not describe the underlying facts, the charges, or the particular ruling presented for review.
The appellate court referenced State v. Simpson, 414 So. 3d 291, 297 (Fla. 6th DCA 2025), which discussed—but did not decide—whether the smell of cannabis alone establishes probable cause because that case did not involve smell alone.
The Court’s Holding
The Sixth District affirmed in a per curiam opinion. It did not provide additional reasoning or identify the nature of the circuit court ruling being affirmed.
The court cited Simpson and quoted its statement that the court had no occasion in that case to decide whether cannabis odor alone establishes probable cause. The Abreu opinion likewise does not expressly decide that question.
Key Takeaways
- The Sixth District affirmed the circuit court without identifying the specific ruling under review.
- The opinion does not establish whether cannabis odor alone supplies probable cause.
- The court relied only on a citation to State v. Simpson and supplied no factual analysis.
Why It Matters
The decision leaves the cannabis-odor question unresolved on the face of the opinion. Because the court provided no facts or explanation beyond its citation to Simpson, attorneys should not read the decision as announcing a broader rule about searches based solely on cannabis odor.