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In the motion to suppress and during the hearing on the motion, defense counsel argued that the officer did not have probable cause to search based on the smell of fresh (as opposed to burnt) marijuana or his visual observations because of recent changes in Florida law pertaining to medical marijuana and hemp. Defense counsel argued that the police officers should have first inquired whether Mr. Fortin had a medical marijuana patient card before conducting the search.
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In order to prove grand theft, the prosecution must establish that the accused knowingly obtained or used, or attempted to obtain or use, the property of another with the intent to deprive that person of a right to the property or a benefit therefrom.
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