Kodak Black was arrested last night in Florida and he’s being charged with drug trafficking, an offense that carries up to a 20 year prison sentence, Media Take Out has confirmed.
According to a local reporter, Kodak Black was stopped for an expired tag and illegal window tints. Police claim they smelled weed when he opened the door to the bulletproof SUV he was driving, so they began a search.
That’s when they found more than 30 Oxtycodone pills without a prescription and $50,000 in cash.
But Kodak may be able to escape jail time because of a Florida legal loophole.
Media Take Out did some digging and following the 2019 legalization of hemp, Miami and Florida law enforcement agencies and State Attorney’s adopted an “Odor Plus” standard. Under the new standard, cops can’t search a car solely because of the odor of marijuana. Officers must use another indicator of illegal activity to overcome the probable cause standard for search of a vehicle.
Across Florida, defense attorneys have been getting arrests stemming from the odor of marijuana dropped for lack of probable cause under the Fourth Amendment. In 2020, the Twentieth Judicial Circuit Court of Florida held that marijuana odor alone cannot be the sole basis for a probable cause search.
