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Old 06-24-2002, 12:25 AM   #1
SDK0420
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I am in FL and was wondering if an officer can search your car if they smell marijuana? Are they trained/qualified to know what marijuana smells like? Thanks.

Scott
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Old 06-24-2002, 12:44 AM   #2
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Hell yea! Even if they aren't "Trained" to smell it, I'm sure they've smelled pot before. Just don't smoke with the windows up, and you'll be fine.
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Old 06-24-2002, 06:09 AM   #3
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The odor of marijuana is probable cause to search your car, and there will be no need for a warrant.

Some officers, like myself, have documented training on recognizing the smell. Most of us were from a certain time in history.

The others are rarely challenged, since pot is so prevelant and a good percentage admit to previous use.
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Old 06-25-2002, 04:45 AM   #4
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Thanks for clearing that up...

but am i right that an officer can't search you for smelling like marijuana?
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Old 06-25-2002, 06:10 AM   #5
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Quote:
Originally posted by Niteshift
The odor of marijuana is probable cause to search your car, and there will be no need for a warrant.
That ... doesnt ... answer your question SDK0420?
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Old 06-25-2002, 07:42 AM   #6
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Actually Turtle, SKD brings up a point and may not have even realized it (or did realize it).

The standards for searching your car and the standards for searching your person often are not the same. Just like with other items.

For example, if the dog alerts on your car, I can search it without a warrant, including containers in the car.

However, if I have the dog sniff your briefcase in the parking lot and he alerts, I will usually have to get a warrant to open the briefcase (unless you consent). (Note: The dogs alert will proved grouds for the search, and you will not be allowed to take the briefcase with you until the warrant comes back, so it's up to you if you want to stand around for a couple of hours or just open it without the warrant.)
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