Q: Can I be pulled over for having air freshener over rear view mirror.
Then the cop said he smell weed. I told him I don't have nor do I smoke weed. Then he started digging in my pockets. Was any of this legal. Just for having something over rear view mirror.
A: Yes you can be pulled over for having an air freshener over your rear view mirror and its called obstruction of windshield in NJ. Lastly yes a cop can search you if he has reasonable suspicion to believe you have committed a crime which in this case was the smell of marijuana.
A: It is a pretext to stop you when the officer suspects something will be found. But the pretext is legal. Once stopped, the smell of marijuana is all he needs for the search.
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