QUESTION

Can a police officer search your car if smells marijuana

Asked on Jun 04th, 2017 on Drug Crimes - Florida
More details to this question:
Initially i got pulled over for speeding but after the officer was done he had ask me why does it smell like weed . as to i responded that i just consume it. Didnt know if that was the right answer or not but than he went of saying he had the right to search my car and i told thw officer that he didnt . he told me step out the car and started being really difficult . they ask me question everytime they found something in my car in which i told they couldnt search.
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1 ANSWER

Criminal Law Attorney serving St. Petersburg, FL at Sandefer Law Firm
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I would have to get more detail from you, but generally the fourth amendment regarding search and seizure allows search of a vehicle without a warrant if the officer has probablc cause of a crime.  Usually the smell of marijuana by an experienced officer coming from a vehicle will allow the officer to search the vehicle. There are exceptions. I guess the real question is whether you were arrested for something or you are inquiring about searches in general or considering a law suit.  You should contact a drug defense criminal attorney and go over your specific situation with him or her. this is jus a general answer.  He or she needs to talk with you about the reasons for the initial stop and  specifics of what happened after you stopped.     
Answered on Jun 05th, 2017 at 5:08 AM

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