If your car smells, is that probable cause or reasonable suspension?

Discussion in 'Real Life Stories' started by DankMedical, Mar 29, 2012.

  1. Well I was just thinking, a few months ago two cops rolled up on me and said it smelled like weed, and asked to search and I told him he needed a warrant to search my car, and he said your a smart little bastard aren't you, and wasn't able to search it, we got off he just searched our person, and took a backpack out of my back seat to search it, this was in New Hampshire so is the smell of weed enough to cause a search?
     
  2. Yep smell of weed is probable cause
     
  3. Well technically no, it's not enough for him to search your car. It IS enough, however, for him to call a K9 unit in, and if the dog smells weed and gives the signal, then they'll search the car. Happened to me even though I didn't have weed in the car.


    ///M
     
  4. #4 TheDankDude, Mar 29, 2012
    Last edited by a moderator: Mar 29, 2012
    Watch this. It will answer any questions you have.

    [ame]http://www.youtube.com/watch?v=yqMjMPlXzdA&feature=related[/ame]
     

  5. Thanks man, you drive an m3? I'm tryin' to decide between a evo x, a STi, or a 335is, like 2007-2009. what do you think?
     
  6. Yea, the cop can say he smelled weed and threaten to call a k9 if you deny. Will they? Not every time, but they can
     

  7. Well they're all great cars.

    Between the Evo x and an STi, I'd say go for an Evo IX. The 9 is lighter and about as powerful.

    Between an Evo IX and a 335i (the -is only occurs in the 2011+ models) I'd say the 335. But that's because I'm a BMW fanatic. The 335i is definitely a more "grown-up" car than the Evo, but the Evo 9 has a shitload of aftermarket parts available.

    It's going to be a lot easier to find a 335 that hasn't been abused as well. Generally, STi's and Evo's are only owned by younger people who love to drive, meaning that they've been driven HARD. It's a lot easier to find a 335i that's just coming off a 3-year lease, driven by a trophy wife, that has seen an easy, garage-kept life.

    I don't own an ///M car right now, unfortunately. I had an '87 325is that I loved to death, and I've always grown up in BMW's, but fate conspired to keep an E36 M3 out of my hands. Oh well. That's what keeps me working hard.



    To stay on topic, watch that video OP. Very informative.


    ///M
     

  8. Thanks for the advice, yeah my dad drives a 550xi and I love driving it, BMW's just have it all. I'll probably settle for the 335 once I can
     
  9. First of all police generally have to have a reason to stop you before they can use smell as probable cause, they generally make something up if they don't have a legitimate reason.

    Second they cant search luggage in the vehicle unless they have probable cause, a warrant or your permission by removing it from your car to search your bag they broke the law, but as we all know most cops perceive themselves as above the law anyway...
     


  10. Pretty sure the cop can call a K-9 in for any reason, actually. They don't have to smell weed first.

    It may depend on the state, but I'm pretty sure around here smell alone does not give them probable cause to search a vehicle.

    The thing about calling in a K-9 unit is that they are not always available. A cop can only detain you for a 'reasonable' amount of time while waiting for a K-9 to arrive, and I've read at least one court case which ruled that 45 minutes was an unreasonable amount of time to detain someone when waiting for a K-9.


    Also consider that these are not the kind of issues you should be fighting with the cops on the street. If you're made to wait an unreasonable amount of time for a K-9 unit to arrive, if you're subjected to an unreasonable search, suck it up and be prepared to fight it in court.
     
  11. #11 will3117, Mar 29, 2012
    Last edited by a moderator: Mar 29, 2012
    see the sweet thing about this is after you refuse to allow your vehicle to be searched and the cop calls a k-9 if they find anything a good lawyer gets you off because you were detained with no cause long enough for the dog to get there. As soon as you sign the ticket the cop has no legal right to detain you and he has to write the ticket in a reasonable amount of time, but generally police dont ask to search your car till after you've signed the ticket. In Austin, Tx. I was given a ticket for speeding the police ask me to search I said no. He told me he was getting a dog to check out my car. I asked him if we were done. he looked shocked said yes and I left.
     
  12. [quote name='"DankMedical"']

    Thanks man, you drive an m3? I'm tryin' to decide between a evo x, a STi, or a 335is, like 2007-2009. what do you think?[/quote]

    08 Evo MR you won't be disappointed.
     
  13. i got pulled over for speeding once, and he smelled weed cause i literaly just got done smokin a bowl. but he just gave me a warning, its good to know people :D
     
  14. new hampshire cops are normally big fans of trying to royally fuck you in the ass. Yes, smell is probable cause to enter the car here. any hint towards weed is probably cause. although they just got it decriminalized so now its only 250$ fine for less than a half oz. however, massachusetts the only probable cause to search a vehicle is actually visually seeing something incriminating. they can smell your car allllll they want but no searching unless you let them. ;)
     

  15. This. Smell alone is NOT probable cause.
     
  16. It isn't

    But cops still do it anyway regardless
    Or if they're just dicks

    If u don't have anything, nothing should happen
    But you'll probably get just a scare
     
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