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I live in Florida and was stopped for an equipment violation for having no tag light. When the officer approached my vehicle, he asked for license, and I asked why i was being stopped, he told me for no tag light. After giving my license to the cop, I was asked to step out of my vehicle, and placed in handcuffs and frisked. I asked if I was under arrest and the officer told me I was being detained. He then put me in the back seat of his car. (A bit excessive for a tag light being out). I asked several times why I was being detained in the back seat of his car, and was given no explanation. I was then merandized and the officer asked me if I had anything illegal In my car. I said no. He asked me if he could search my car, which i didn’t consent to. After asking for permission to search my car, he told me he smelled weed coming from my car which is probably cause and he doesn’t need consent. he ended up finding half a blunt which he said was in plain sight. Is this search legal?
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In Florida, a law enforcement can make a legal traffic violation stop -- which would include one for having no (or a non-working) tag light if it was not during normal daylight hours.
After making the stop, the law enforcement officer has the right to ask the driver to produce a valide driver's license, registration and insurance card. If the officer, while in the process, of performing his duties, smells the odor of cannabis coming from the inside of the vehicle, the officer could have a legal right to search the vehicle for illegal drugs - even without your consent.
Answered on Mar 06th, 2018 at 12:32 PM