if i was standing outside a car talking can a officer say he smells weed and search me?

A police officer may conduct an investigatory stop when he has reasonable articulable suspicion that a crime has or is being committed.  To conduct a pat down the officer must point to specific facts which reasonably lead him to believe criminal activity is taking place and the suspect is armed.  A “pat down” consists of patting down the suspect with open hands for weapons.  To search the inside of a suspect’s clothes or vehicle the officer must have probable cause which is facts or evidence that would make a reasonable person believe that a crime or wrong doing has been, is being, or will be committed.  Probable cause requires a much greater amount of proof than reasonable suspicion, it depends on the totality of the circumstances and according to the specific facts of the stop. If an officer conducts a search in violation of your 4th Amendment rights against search and seizure, it may be possible to have any evidence that he found through the unlawful search excluded in any trial against you. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.