Probable cause for cops to search car....?

Question

Ok I know the 'plain view rule', however, does smell count as probable cause? For instance, if the cop smells marijuana in the car does he have the right to search even when i say I do not consent to a search. If it matters

For all moral-high-horse-preachy people, I just want to know what rights I have. The marijuana example is merely hypothetical.

Answer 1

As a Texas Peace Office, I can only speak for my state, but there are several ways to search your vehicle without your consent.

1. Arrest you for the violation you were stopped for. If you are arrested out of a vehicle, the officer can search your vehicle incident to arrest. This is a limited search and only covers the areas of the vehicle that is within reach of the person being arrest. Remember in Texas you can be arrested for any traffic violation other than speeding and open container.

2. After being arrested out of the vehicle and the incident to arrest search is done within its limits, the next step is to inventory the vehicle. This is also a limited search. The officer is required to search the vehicle for high value items to insure they are not stolen or damaged while the vehicle is at the impound. This search no opens the areas of the vehicle that were not covered by the previous search. Like the trunk or any area in the main cab of the vehicle not within the arrested's reach. It does not cover panel linings, dropping the fuel tank, etc.

3. Plain View. if any contraband is located in plain view then the whole vehicle is now open to search. Remember, that plain view does not refer to sight. An officer can use any of his 5 sences to determine plainview. The odor of Marijuana for example. Most officers get training through controled burns or through experiance on the streets as to what Marijuana smeels like.

There is case law stating that since a vehicle is highly mobile and the offender can easly drive away with the contraband and destroy it, that a warrant is not needed and an officer can search the vehicle on odor alone. It does not work the same for someones house. If an officer knocks on your door and the officer smells the odor of Marijuana then he must obtain a warrant.

Remember that during any of the above searches, even the limited ones, once contraband is discovered, the entire vehicle and occupants is subject to search.

I hope this answers your question.

Answer 2

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Answer 3

Yes, an officer smelling marijuana in a vehicle is probable cause and that officer can search your vehicle without a warrant.

Marijuana has a very distinct odor and the courts have recognized that nothing smells the same. Due to the mobility of a vehicle and the difficulty in securing it there is a strong possibility that taking time to obtain a warrant will result in the destruction of evidence and therefore a warrant is not necessary.

This is actually an old ruling that law enforcement has successfully applied for decades.

Answer 4

For the record.....your hypothetical example is probable cause. The Supreme Court ruled on a case, although I don't know the case, that stated that if an officer can articulate and has had training that the mere smell of unburned, burnt, and burning are good enough for PC for the crime of at LEAST possession of marijuana.

Answer 5

Yes, the smell of mary jane is probable cause enough to believe you may have possession as well. Also if you are in the car, and driving, you are suspect DUI. If arrested for this, the car will be inventoried, and all the contents recorded. Anything found in that inventory can be evidence as well as result in new charges.

Example. you are arrested for DUI. When they open the trunk, they find three illegals you smuggled in and three sawed of shotguns. Those charges would be added.

Moral: Don't get high when you are smuggling illegal immigrants with illegal weapons.

Answer 6

In Kansas, we were certified at the academy to be able to reckognize the smell of marijuan. This was done by doing live burns. and no, it was not done by smoking dope. This gave us the probable casue needed to search a vehicle on smell alone. Buildings are a different story however, as they are not movable and at no risk of losing the crime scene if a warrant is aought.

Answer 7

Some states vary, and officers are trained in the odor of marijuana (for court purposes), and that could be PC for a search. Personally I would get a K-9 unit to strengthen my case against you. And if you happen to be arrested for something else and they inventory the vehicle, and find something, it can be used against you.

Answer 8

READ YOUR 4TH AMENDMENT!!! And yes! he can search the car because if he smells the weed, and weed is illegal, you just gave him probable cause and he doesn't need a warrant and if he finds anything, you get charged as the operator of the vehicle unless someone else steps up to the plate and claims it.

Answer 9

If they smell marijuana then they have probably cause. Probable cause does not require your consent. I know your example was hypothetical, but again if they have their OWN probable cause, no consent needed. (I believe)

Answer 10

Im fairly sure it does, and I know a dog smelling drugs *is* probable cause..just another of our rights given up..