Is weed smell probable cause?

What is the name of your state (only U.S. law)? Florida

Can an officer say that he smells weed after pulling you over for a traffic stop and search your vehicle on that basis alone when you state that you do not consent to a search?

Also, as a side question, what is the process of obtaining a search warrant to search a vehicle? Are you going to be standing there all night or what?

If a K9 "alerts," can the officer have your vehicle towed if they don't find anything themselves? I guess I'm asking if you have an illicit substance well hidden and the officers don't find anything. And are there any limitations to what they can take apart in your car or is everything fair game?

I guess this turned into more questions than I had initially intended. Any help in answering these questions would be greatly appreciated.

The answer to all those questions is yes. Smelling weed or dog alerts is more that probable cause. If they arrest you, they can take the car into impound and make a cursory inventory of the contents. Beyond that they can pursue a search warrant.

Sorry, we don't deal with hypotheticals NOR is this the "How do I break the law" forum. We're not going to tell you the best strategies for transporting narcotics. However, I will point out, if you're going to deal drugs, perhaps it would be best to not do anything, like committing driving infractions or being consuming drugs while doing it.

Only stoners think that you can't smell weed HOURS after it is smoked.

MJ produces an oily smoke that clings to clothing for a very long time.

Can somebody please address my warrant question? If an officer says they will get a search warrant, how long does that take and if they do pursue that means to search, what are you going to be doing until then? That is, are you just standing on the side of the road for however long it takes for them to obtain the warrant and how long might that be? Also, I'm not asking for any advice to break the law, just what the law entails.

How sweet! A drug dealer expects VOLUNTEERS at a LEGAL forum to assist it in it's ILLEGAL "job". Cute.

How about you go pay an ATTORNEY to give you the in'n'outs of your chosen profession??

Blue Meanie said:

How sweet! A drug dealer expects VOLUNTEERS at a LEGAL forum to assist it in it's ILLEGAL "job". Cute.

How about you go pay an ATTORNEY to give you the in'n'outs of your chosen profession??

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Drug dealer? Not quite. I just want to be informed. I thought this forum was designed to pose and respond to questions regarding the deep intricacies of the law. I didn't realize I was doing something out of the ordinary.

I suppose I can understand your presumption given the nature of my questions, but you are incorrect I'm afraid.

Viper5 said:

What is the name of your state (only U.S. law)? Florida

Can an officer say that he smells weed after pulling you over for a traffic stop and search your vehicle on that basis alone when you state that you do not consent to a search?

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That is called the "plain smell" doctrine. Have not researched for FL, but I will assume most states permit a warrantless search based on such under what is known as the "Automobile Exception".

Also, as a side question, what is the process of obtaining a search warrant to search a vehicle? Are you going to be standing there all night or what?

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As I state above, if an officer has probable cause to search a motor vehicle, a Search warrant is not necessary. The Automobile exception was first pronounced in 1925, Carroll v. United States.

The 4th Amendment was not applicable to the states then, but all prior federal decisions are retroactive to the states.

If a K9 "alerts," can the officer have your vehicle towed if they don't find anything themselves?

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Most probably, NO!

I guess I'm asking if you have an illicit substance well hidden and the officers don't find anything. And are there any limitations to what they can take apart in your car or is everything fair game?

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Yes there are limitations. They can't take off every tire and deflate it, etc.

At least in my state, Ohio, under our Constitution, the smell of MJ can give rise to probable cause to search the passenger compartment, but NOT the trunk.

I do not know what kind of protection FL affords.

Viper5 said:

If an officer says they will get a search warrant, how long does that take and if they do pursue that means to search, what are you going to be doing until then?

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It could take as short a time as a phone call. However, if they have probable cause based solely upon a field contact, a search warrant is rarely going to be necessary as the nature of the vehicle is such that the courts recognize the search of a vehicle with probable cause as generally being a sufficient exigency.

That is, are you just standing on the side of the road for however long it takes for them to obtain the warrant and how long might that be?

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Yes, that could be the result .. IF they decided to get a search warrant (which they likely would not need if they had probable cause for the search anyway).

Thank you all for your responses. I realize that if they have probable cause, then it is not necessary to obtain a warrant, but I was wondering whether or not the weed smell is justifiable as such. It seems like any officer could just say they smell that as a reason to search your vehicle anytime they wanted to (even if they don't of course) so I find that a bit odd. According to the responses, I have gathered that they can in fact do this.

My guess is that the threat to get a search warrant is designed to obtain consent. Once you consent, they don't have to articulate probable cause, and the search is much less likely to get thrown out.

Stevef said:

My guess is that the threat to get a search warrant is designed to obtain consent. Once you consent, they don't have to articulate probable cause, and the search is much less likely to get thrown out.

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True, but threatening to get one, when no probable cause exists, is an Unreasonable seizure under the 4th AM.

Even though it is a deminimus detention, it is still UNconstitutional.

Viper5 said:

Can somebody please address my warrant question? If an officer says they will get a search warrant, how long does that take and if they do pursue that means to search, what are you going to be doing until then? That is, are you just standing on the side of the road for however long it takes for them to obtain the warrant and how long might that be? Also, I'm not asking for any advice to break the law, just what the law entails.

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I did address it, stop toking long enough to read. They'll take your car into custody if they have a whiff of probable cause. If they don't find what they're looking for in the inventory, yes they can go pursue a warrant. I don't know where you'll be at the time, but it won't be in the car.

I just want to interject that there is probably no other more probable of a cause then weed and alcohol smell in the vehicle. (any drug realy)

Banned_Princess said:

I just want to interject that there is probably no other more probable of a cause then weed and alcohol smell in the vehicle. (any drug realy)

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Unless beer was spilled, how can there be an alcohol smell IN the vehicle? It would be on the person!

FlyingRon said:

I did address it, stop toking long enough to read. They'll take your car into custody if they have a whiff of probable cause. If they don't find what they're looking for in the inventory, yes they can go pursue a warrant. I don't know where you'll be at the time, but it won't be in the car.

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The warrant question I had specified was what the process was. A mere "yes" isn't sufficient to this type of question. Somebody mentioned that it just takes a phone call. That is the response I was looking for. I don't see how I could deduce that from your response.