Fort Myers attorney Scot Goldberg said that predicament shouldn’t happen in the first place.
“They (police) have got to understand there is HIPPA problems, there’s probable cause problems, and there’s Fourth Amendment problems,” Goldberg said.
Goldberg said before a police officer has the right to question you about drugs and search your car, they need overwhelming probable cause.
“Come up to the car and they smell a strong odor of marijuana. Okay, that gives them the right at that point to question you about, ‘I smell marijuana coming from your car. Have you smoked it recently? Are you a medical marijuana patient?” Goldberg said.
Without probable cause, Goldberg said a police officer asking if you use marijuana medically as a means to enter your vehicle is police overreach.