Is smelling marijuna probably cause for a search of your vehicle?

Discussion in 'General' started by Bbiscuit, Apr 15, 2013.

  1. #1 Bbiscuit, Apr 15, 2013
    Last edited by a moderator: Apr 15, 2013
    I've seen contradictory things on whether or not a cop can legally search your car if he can smell marijuana.

    About a month ago I got pulled over late at night after smoking in my car with some friends(ugh, that was fucking stupid to drive like that that late on a weekend when they're looking out for DUI offenders >.<) and the officer told me he smelled pot in the car. All I said back was "Ok." And that was that. He had me step out and checked my eyes and stuff, but they never get red anyway. The other officer apparently also made a few comments to my friends about how they should stop smoking while I was getting my ticket written.

    They never searched my car, which is a damn good thing, cause I was digging through our lighters and pieces in the rubbage that it the floor of my car(my messy car seriously saved me) to find my wallet and license.

    Also, I have to go to traffic court. Can they mention the smell even though I didn't get a ticket for anything marijuana related?

    EDIT: Oh, and I'm in California.

    As to the court, I know the officers usually/sometimes show up and give all of the "circumstances" of pulling me over. So I'm not sure if that would just include the "swerving" or also the smell.

    Oh, *probable
     
  2. im no law expert by any means, but i dont see what the point in mentioning the smell of weed in your car would do...they have no evidence, so im not sure what good that would do anybody other than wasting time, and money
     
  3. yes, an officer's olfactory senses are enough for probable cause to search a vehicle.

    something i find messed up. how do you test a person's sense of smell? 'cause they can calibrate their radars and shit, but how would you calibrate an officer's malfunctioning nose?
     
  4. Hmm, I wonder why they didn't search my car then. Cause it fucking reeked.

    Fuck, it was probably just the length and cut of my dress that night that saved me. I was killing it that night, thank god. /conceited
     
  5. it was probably a combo of you being a girl and your location.

    if it was florida, you'd probably have been taken in for the night.
     
  6. Not in Mass.
     

  7. Yeah, California's pretty lax. God I was scary close to the drunk tank o_O well the closest I've ever been at least haha
     
  8. Probably.
     
  9. Yes, the smell is probable cause.
    Can you refuse the search? Yes.
    Can they still search you? Yes.
     
  10. what was the violation?
     
  11. Being a dumbass.
     
  12. I've posted this video twice today, somebody needs to sticky this shit.

    [ame=http://www.youtube.com/watch?v=JxVuBHMKSuU]What if Police Say They Smell Marijuana? - YouTube[/ame]
     

  13. I've seen that, my problem is that's just one among the many contradictory sources I've seen. I've seen other people/articles/videos say the same and just as many other's say the opposite.
     
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