Consensual Encounter Changing to a Seizure

[Ramithorn]

My question involves criminal law for the state of: Florida. If a law enforcement officer approach's to conduct a consensuel encounter and as he gets closer smells the odor of marijuana this means the person no longer has the right to leave, but does this give probable cause to search?

[jk]

My question involves criminal law for the state of: Florida. If a law enforcement officer approach's to conduct a consensuel encounter and as he gets closer smells the odor of marijuana this means the person no longer has the right to leave, but does this give probable cause to search?

Until the cop prevents the person from leaving, it remains a consensual encounter. Then, yes, the smell does give probable cause to search.

http://www.fdle.state.fl.us/Content/...-Odor-of-.aspx

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).