is it legal for a cop to search your car because he smells marijuana?

[joepimpin50]

In the state of Louisiana if you are pulled over for speeding and a cop smells what he thinks is marijuana does he have the right to search your car without your consent? Will it hold up in court? There are other things that smell like marijuana. For all he knows it could be your colonge or cigarettes and to him it just smells like marijuana.

 

[Shay-Pari'e]

The smell of marijuana gave the police officer probable cause to search your entire car.

 

[JETX]

"if you are pulled over for speeding and a cop smells what he thinks is marijuana does he have the right to search your car without your consent?"
*** Yes.

"Will it hold up in court?"
*** Yes.

"There are other things that smell like marijuana. For all he knows it could be your colonge"
*** Yeah, right!! I can see the huge market for 'marijuana cologne'!! After all, doesn't everyone want to smell like a lethargic unemployed druggie??

"or cigarettes"
*** Gee, and what brand might that be???

"and to him it just smells like marijuana."
*** Or you could be burning a rope in your car while driving.

 

[HomeGuru]

Hahaha......

 

[the big dawg]

So what does smell like marijuana?

 

[thelizzy]

Burnt oregano.

We had to use it onstage for a play I once directed, and the smell is very similar.

So unless that kid's portable pizza oven in the back seat was overheating, he's SOL.

 

[CrackerJ]

It depends on which state you're in as well. I've had experience with this in two states. Do a google search and you can find specifics.

In Colorado smell is NOT probable cause.
I was once pulled over, the officer thought he smelled burnt marijuana and asked to search. I politely said no. He then "begged" for nearly five minutes that I let him search to show that I have nothing to hide. He then said he would call the dogs if i didn't let him search (I'm still unsure, but I don't think dogs are allowed to search either because of smell). I told him to call the dogs or quit wasting my time and let me go...he let me go.

In Utah smell IS probable cause.
Same situation, cop asked to search becasue of smell. I said no. He said he would search anyway and he was just asking to be polite. I responed that I thought smell was not probable cause (from my experience in CO). He got very angry, threw me in the back of his car, and searched my car.

Anyway, my point is just for people reading this post from other states. It varies from state to state. Do a google search for your state and something like "search marijuana" and look for cases that were dismissed due to inproper searches.

 

[CdwJava]

Could you link the site that says it is NOT probable cause to search for marijuana in CO if an officer smells it? I Googled the terms a number of ways and did not find it.

It would have to be a state case law decision as smell is still good here in CA.

Carl

 

[CrackerJ]

I can't seem to find it now...

What I found before was an appeal where the decision was made that smell didn't qualfy for probable cause. It had somehting to do with the police force not all receiving training on identifying particular odors.

I did find some other intersting info while I was looking:

A study on why odor shoudn't be used for probable cause
http://www.kluweronline.com/article.asp?PIPS=484203

Ruling in Ontario saying smell isn't reason for search ( I had found something like this for colorado before)
http://www.marijuananews.com/marijuananews/cowan/marijuana_prohibition_in_canada_.htm

Ohio says smell is probable cause
http://norml.org/index.cfm?Group_ID=4202

I will keep looking for that document that I read...i think it was a supreme court appeal. You've got me questioning myself now... However, you'd think that cop would have searched anyway if smell did give him probable cause. He'd already written me up on 3 offences before he mentioned it...he was out to write some tickets that night!

I must say though that I don't think smell should be probable cause. I smoke pot pretty regularly and of course know the smell. Yet, sometimes I'll think i smell weed around me when really it's just a cigarette or clove. I was stopped in Bekeley, CA once for not signalling a turn at 3AM and the cops searched the car becuse they "smelled burnt marijuana". The four of us in the car had nothing on us nor had we smoked that day. There is no way that car smelled like weed, but they were still able to detain us and waste an hour of our time (none of us had committed any offences). Same thing in Utah, we hadn't been smoking, yet he said he smelled weed...just another way to try to get busts by profiling IMO.

 

[CdwJava]

just another way to try to get busts by profiling IMO.

Or you had been smoking some pretty ragged tobacco ... or, as is just as likely, the odor lingered on your clothing. You CAN smell that crap on clothing for quite a long time. And those of us who do not smoke can be rather sensitive to it.

And of course, in CA criminal profiling is lawful. As are pretext stops. So unless he pulled you over or detained you for NO reason, the stop is legal. A search might be questionable - depending on the circumstances - but the detention would not be.

Carl