Q: Can an error by DMV on the registration allow police to do a search of a vehicle because of a smell in car
A: There are two issues that need to be satisfied to searching a car; 1. probable cause for the traffic stop, and 2. Probable cause to search the car. If either element has not been satisfied, then the search can be suppressed. Generally, Florida case law allows for the search of a car without a warrant on smell, but does not allow for search of a home without a warrant on smell.
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