![]() ![]() In the arrest report, Smith stated he asked Holben to turn around and face the truck so he could “pat him down” for weapons. Constitution and under Article 12 of Florida’s Constitution. Per Rights Crispy, that violated protections against illegal search provided to Americans under the Fourth Amendment of the U.S. ![]() Subsequently, that was codified in Florida State Statutes on July 1, 2019.ĭespite the change in federal and state laws, the SRSO deputies directed all occupants of the vehicle to exit so a search could be conducted. However, a Florida Appellate Judge has stated “the sight or smell of a substance presumed to be marijuana can no longer provide probable cause to search a vehicle or its occupants,” following the passage of the federal 2018 Farm Bill, which authorized the production of hemp and removed it from the Drug Enforcement Administration’s schedule of Controlled Substances. ![]() The traffic stop on Park Avenue started because of an expired tag but escalated after Neff told Smith he had detected the odor of marijuana coming from the vehicle. Smith went on to say he was seeking the identification a second time so that Holben’s middle name could also be utilized to conduct a more extensive search. In the bodycam footage, Holben is heard saying they didn’t find any criminal records because he has never been in trouble with the law. Holben, who was a passenger in a vehicle, had already provided his identification to Smith’s partner, Deputy Forrest Neff, who failed to find any criminal record for Holben using his first and last name. So far the video he shared last week of the January 10 arrest has received more than 180,000 views.īodycam footage from that incident shows SRSO Deputy Phillip Smith told Milton resident Michael Holben he was “being a douchebag” for not providing his identification a second time during the traffic stop. It’s the third time since January 2022 that Rights Crispy has spotlighted the agency on his YouTube channel. Santa Rosa County Sheriff’s Office has once again attracted negative national attention from Civil Rights Auditor Rights Crispy, following a January 10 traffic stop in Milton. ![]()
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