was there cause to search my vehicle and seize my car and be charged as a convicted felon

i was stop for a music viola.off approac my vehi advised me of why he stop me, asked for my DL,REG,and INS. card i provided them. He then went back to his car 5 mins later his ask me to get out my veh and come to his car i did. he made the comm he smelld a canibis order coming from my hair i replied by saying i had just left a BBQ he ask did i have any drugs in the car i rep no. He then advise me that he had probaly cause to searh my veh.He then ask the 4 passag to exit the vehi and they where searched nothing found on any 1. off then ask was there any weapons in the car i replied a BB gun. my vehi was searched and they recoverd the gun and ammo that was not related to the gun. i was asked was i a conv felon i i dont think so it been 10 yrs im reg. to vote.i was charge with weapon an amm - Is this your question? Add additional information
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Answers (3)

Don Waggoner

Don Waggoner Avvo Pro

Contributor Level 7
You may have some defenses, a possible motion to suppress, but I need to see the arrest report. You can make an appointment to see me by calling 407-846-8008.
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Lloyd Harris Golburgh

Lloyd Harris Golburgh

Contributor Level 5
the smell of marijuana has been determined through prior precedent (case-law) to be sufficient grounds to search your car. any contraband found as the result can be used against you.
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Eric Joseph Dirga

Eric Joseph Dirga Avvo Pro

Contributor Level 5
I think you need an attorney on this one. The odor of cannabis may provide the PO the probable cause to search but if you were out of the car when he noticed it he may not be able to justify the search of the car. Add to this the fact no cannabis was found in the car and that there were three other people in the car with you - yeah, I think you have a good motion to suppress issue. Sounds like the PO went on a fishing trip with you. A review of charging affidavit by an attorney should give you the clearest picture of where you stand.
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