Police search legality in u.s.?

Dog Lover

Yes your car can be searched for the smell of marijuana. They can also, on any legal traffic stop, let a narcotics dog walk around your car. It the dog alerts, that is also PC to search your car.

And, no.... you can not refuse it if they have PC for the search.

Bottom line, what ever the "false smell" you are talking about will get you searched. And if you don't have any drugs in your car than you have nothing to worry about.

Exactly why would your car smell like weed?

wykedguy

Simple answer that will require some research on your part, but will answer your question to the fullest.

Look up US vs. Ross.

It a motor vehicle is mobile (capable of operating) and readily accessible to the roadway, there is a search warrant exception which only requires the officer to be able to articulate that they believe a vehicle contains contraband prior to searching it. This comes about from the impractibility of obtaining a search warrant on a vehicle that can simply drive away and not be found again.

mike g

if an officer smells marijiuana, that gives probable cause to search the vehicle, if you say no; you will be detained for the search.

rob m

Mikeysco is right on the mark. You can talk to sidewalk lawyers and law students and get mixed responses. Police officers practice law each time they respond to a call for service. They deal with these issues on a daily basis. Attorneys attempt to manipulate case law, and sometimes win. Usually this is at the financial expense of the defendant.

A seasoned officer knows his parameters and can articulate the reason for the stop, the odor he smelled, and the law allowing him to investigate further. Consent is always requested, but if refused, the officer conduct the search knowing the search w/o warrant is valid.

If the police officer ASKS to search your car then it means you CAN say NO.
If they do not ask then it means that they have probable cause to search.

busted

. if you really didn't smoke and have nothing to hide just give consent . if you don't consent the officer will just call in the drug dog to sniff your car. if the dog alerts the they have probable cause to search.

Laura

I believe if they have reason to be suspicious (and a smell would be reason) the cop can search your car. I think if the glove compartment and trunk are locked, he would need a warrant. (He might ask, "Can I search the trunk?" and you could tell him "no." If you give him permission, you're out of luck.)

However, different states may have different laws. If you feel your rights have been violated, I'd recommend posting this question on lawguru.com for a lawyer to answer.

tex

its reasonable suspicion, which gives him the right to search reguardless if ya give consent.....HE'LL SEARCH ANYWAY

â€ Absintheâ€

Yes it is, considering you probably were smoking it anyways, why else would a cop waste his time saying so just to search your car if you weren't or didn't appear high? Yes, it's probable cause.

Fidget

You can say no to the search. And then expect to be detained in that spot until he gets a warrant to search, and he will if he tells them he smelled marijuana.

Was he lying or did he smell something that he really thought was marijuana? Sometimes people who are just plain bullies make their way into law enforcement, there's no denying that fact, but for the most part they are looking out for your safety and the safety of your fellow travellers.

I understand your frustration, but it's a no-win situation for you whether you refuse to allow the search without a warrant or not.

If he lied just so he could search your car, odds are he's done it before. If you REALLY want to pursue the issue, talk with a lawyer... there are probably other people who have been his victims and might come forward if you decide to sue for harassment, etc. Don't expect to win a your-word-against-his argument alone.

Keith K

No it isn't probable cause, but the officer will ask to search your car if you say no you look suspicious. Odds are the cop will call in a K-9 unit to do a perimeter search of the car. If the dog hits on something from outside the car that is probable cause. If the dog doesn't hit the officer has got to let you go.

mikeysco

I would agree with dog lover for the most part.

I have to take exception with part of his answer, though. Unless you are on probation or parole, and a warrantless search upon demand is one of the terms of your probation or parole, you ALWAYS have the right to say no to a request for search. Your denial of consent will not be honored, but you still have the right to deny the government to search your property anytime you'd like, at least as long as you're in the US.

Specifically, the sense of smell does provide probable cause to search on a vehicle stop whether it's marijuana, booze, a dead body, or about anything else you might have in your car that you shouldn't. The fact that the smell might end up being something else changes nothing, so long as the officer can articulate that what he/she smelled was close enough to what he/she claimed it was to support probable cause.

Middleclassandnotquiet

What ever happened to Constitutional rights? I'm no attorney but you might check with the ACLU. It doesn't seem to me that he had probable cause if the cause was he smelled marijuana and didn't find any. But, keep in mind the police can make up any probable cause they want and only court challenges keep civil rights intact. Few people have the knowledge of or desire to keep intact their civil rights.

These are NOT states rights-these are Constitutional rights!

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