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Police searched car because he "Smelling" Marijuana

Rockville, MD |

I don't even smoke or drink and have a VERY clean car. Got pulled over, cop saying stay out of the car and he wants to search because he "Smelling" Marijuana.

Is this "Smelling" trick would give him probable cause?

What would be a good answer to him to refuse it? I don't think, "Sir, I don't even smoke" could work and stop him here because the cop 99.9% is NOT even smelling Marijuana but his intent is to search the car and this is his reason to do it legally.

What would be a good answer to him to refuse it in such as case?

Attorney Answers 5


  1. I don't know your age, what you were pulled over for, or other facts, but I have an answer that I give sometimes when I'm prepared to go to jail for some other violation and/or crime invented by the police officer after I utter it:

    Officer, do you have a warrant for my arrest? A search warrant for my vehicle or car? Have I committed a misdemeanor in your presence? Do you have probable cause to arrest me? If not, please back away from my car because it is my intention to drive away.

    Be prepared to be insulted and charged with AI, DC, failure to comply with a lawful command, etc. The question is, is it worth it? I tell many of my clients that you don't have any constitutional rights on the street, only when I assert them for you in a court of law. How about: I do not consent to the search?

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  2. If you don't already have a lawyer, hire one to help you. The law is complex and there may be things that can be done that you didn't know about. Good luck!

    If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!


  3. If he asked to search your car, a good answer would be "No". If he did not ask, you may likely have a supreesion issue if he found anything. They often will bring the dog to smell outside your car and then inside. Never consent to a search. They will threaten you and try to coerce you. Remain calm and just say no. After that it is out of your control so don't argue. Then remain silent and wait until you can speak to an attorney. I am available 24/7.

    This response is based on information provided. Many variables may exist that can only be addressed in an interview. This answer in no way creates an attorney-client relationship.


  4. Ultimately, whether the police had probable cause to search would be decided by a judge in a suppression hearing. Nothing requires you to consent to anything. Sometimes consent might be required as a condition of receiving a privilege, such as a driver's license, which requires drivers to submit to alcohol testing.

    Information in the reply is provided as a public service. It is neither a comprehensive statement of the law nor legal advice, and no one should rely on it as such. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Responding to a post does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. Beware that posts and replies are not confidential. Anyone can read them.


  5. Yes, the smell of marijuana absolutely is a trick used by police officers to generate probable cause to search a vehicle when the owner hasn't given consent. Under Maryland law, the distinct odor of marijuana provides the police with probable cause, and they often use this as a basis to arrest and/or search individuals even when the ability to actually smell the marijuana, if it even exists, appears impossible. Once the police establish probable cause, they don't need consent to search the vehicle, and it is unlikely that anything you say will stop them. However, if you are asked for permission to search, you should always say, "No."

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