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  1. #1
    Join Date
    Jan 2009
    Posts
    2

    Default Scent of Drugs as Grounds for a Car Search

    My question involves criminal law for the state of: Anywhere

    I was just curious as to the details of searching a car based solely on scent. Namely, if a cop makes a justified traffic stop and smells weed in the car but there are no drugs in sight (lets say they are in the glove box for the sake of argument) and the driver does not seem to be and does not test to be under the influence of anything (as per a breathalyzer and field sobriety tests) can the police search the vehicle still? Just curious as I know in other places this has been ruled a violation of civil rights as per- http://www.canada.com/victoriatimesc...7-0e3d1f0cdc77

    Thanks for the info!

  2. #2
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Scent of Drugs as Grounds for a Car Search

    Depends MOSTLY on state law. Most federal circuits, under the federal constitution, permit a search of the passenger compartment AND the trunk under the "plain smell" doctrine. You can research that term.

    My state constitution forbids a search of the trunk based on the odor of MJ, but permits a passenger compartment search.

  3. #3
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
    Posts
    1,404

    Default Re: Scent of Drugs as Grounds for a Car Search

    Well since you are talking about ANYWHERE. Federal law allows it as well. A drug sniffing dog is allowed to check a vehicle when drug activity is suspected.

  4. #4
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Scent of Drugs as Grounds for a Car Search

    Quote Quoting OhMy
    View Post
    Well since you are talking about ANYWHERE. Federal law allows it as well. A drug sniffing dog is allowed to check a vehicle when drug activity is suspected.

    A dog sniff is NOT a search though. He was talking about actual rummaging in the interior of a vehicle.

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