Could the police have searched our car because it smelled of marijuana?

Last night my boyfriend and I went out and we were just driving around when we noticed a police car seeming to follow us. But after a while it turned onto a street. 10 minutes later I dropped my phone under my seat so we pulled over. I got out of the car and was looking under the seat when the same police car pulled up behind us. I found my phone and got back in and the officer came over and asked for his license and registration. Then he came back and started asking us questions, and thought that the reason we pulled over was because we were fighting or I was throwing up(I have no idea why they assumed this). Anyways, the car clearly smelled like marijuana, and I am pretty sure that is why they were asking so many questions. I thought they were going to search the car, but then they just let us go. Couldn't they have searched the car?

elchistoso69

If an officer smells marijuana, it is just as good as when a trained drug dog smells contraband and hits on your car.

The courts have already ruled on officers smelling marijuana, and they ruled that it constitutes Probable Cause.

So yes, he could have searched your car, as well as the both of you.

NOTE: To perform a stop, whether that means pulling your car over or stopping you on the sidewalk to talk to you, police officers need Reasonable Suspicion. To search you for contraband, they need Probable Cause to believe that you have evidence of a crime hidden in the area to be searched, which is a higher level of suspicion than Reasonable Suspicion. To arrest you, they need Probable Cause to beilieve that a crime has been committed and that you committed it.

El Chistoso

ghost

Yes, it's probable cause.

lestermount

yes, the smell is enough for them to search the car if they wish.

Winchester

Absolutely...............All that is required is the smell and a search could have happened. You are very lucky because in my home state you would have been searched individually and the car as well.

Brickstser64

You betcha!

the_libertyman

Yes.

Smelling dope is PROBABLE CAUSE.

Morey000

Yes. If they have reasonable suspicion, they can search the car. They don't need a warrant, just a good reason.

They were probably just fishing around to see what you guys were up to. They probably smelled the pot, but didn't really care.

450 Club

With you already stopped and out of your car.They had an advantage that they did not use. But yes you could have been searched and arrested if they chose to search and find any paraphernalia or contraband in the vehicle!

Tid

Yes, once they have "reasonable suspicion" they can stop and search. You say your car 'clearly' smelled like marijuana....I'll say no more. Nice to know you support criminals.

DJ Fresh One

Yes they could of asked the driver if they can search the car if he refused they could of brought the K9 to come and sniff around the car without going inside the K9 will be able to tell if their are drugs inside or not.

California Street Cop

They could have in California.

Maldavi

Yes, they could.

And you could be in county lock-up right now.

Smoke yer dope at home, not in the car. You were very lucky this time. In the future, ask yourself if the reward outweighs the risk.

draggin78201

Police Officers can do whatever they want to do.

Yes they could have if they wanted to, just the smell of marijuana gives the police probable cause to search without a warrant. Consider yourself lucky that they didn't search the car.

Sugarcookie

They should have. They are required to see if you needed help, that is why they stopped. They had probable cause to search the car and should have because you were risking other people's lives and people like you piss me off.

DOOM

He didn't have a reason to pull you over. He has to have that before he can smell marijuana.

Manda S

that is crazy yeah you can get searched for suspesion but you got lucky i
such bad luck they would have searched my car even if it didnt smell lol but yeah you must not live in mansfield or you would have defently been searched! good luck dont b dropin ur cell phone

Intrinsic Random Event

Without knowing exactly which country you're in or which laws apply, I suspect that they could insist on searching your car regardless of whether there was a clear reason or not. They only have to say that they smell marijuana, even if they don't. Perhaps they let it go because it was the end of their shift and they couldn't be bothered, who knows?

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