Sounds like your son encountered a rogue cop. If he can't come up with evidence of drugs the case will have to be dismissed. His sense of smell is enough to justify a search but not enough to convict. Quit talking to this dingbat.
Sir, we are in an age where the police are controlling our streets. Every day our kids get pulled over for no reason, forced out of the car and searched. they are handcuffed and the car is searched without any reason and a few seeds are found on the floor. They collect the seeds, no one sees them, send them to a lab for testing and it comes back "trace". In the meantime, the kids were issued a citation for paraphernalia and told to get out of here with the car.
They lie. they always say they smell pot even when it is only a seed that is found. Then they take the stand and say they smelled pot. the inference is the kids were smoking it in the car. The smell is reasonable articulable suspicion that criminal activity is afoot which gives them the right to search everyone according to the Supreme Court case Pringle amongst others. That is why they always say they smell pot.
You arrived on the scene. maybe nothing will happen. however, they are juveniles so that is handled differently. In my jurisdiction you would get an invitation to do a police run program. I decline. If you decline you are threatened with Juvenile Justice. I pick that because the police run program is just a way for the police to memorize your kids to pull them over later. The Department of Juvenile Justice is great for these BS cases. they know what is going on in the street. I say my peace and they have been closing them out. Stop talking to the police. It NEVER helps, only HURTS!
Your questions raises several issues, including: Assuming for argument's sake that marijuana was found, the law permits a guilty finding for joint possession (defining possession as knowledge, dominion and control), which of course must be proven beyond a reasonable doubt. My article on marijuana smell is listed below. All the best ot your son.
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