Re: Consensual Encounter Changing to a Seizure
Until the cop prevents the person from leaving, it remains a consensual encounter. Then, yes, the smell does give probable cause to search.
See State v. T.T., 594 So.2d 839 (Fla. 5th DCA 1992). Also, if a law enforcement officer smells a strong odor of marijuana emanating for a cluster of people, the officer is authorized to search each one of them. See State v. Hernandez, 706 So.2d 66 (Fla. 2nd DCA 1998).
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.