Q: If during a traffic stop a cop smells marijuana can they pull you out your car and search it without consent from me?
Also can the cop search my trunk which is considered a lock compartment without a warrant?
A: Yes, plain smell is an exception to the search warrant requirement. However, that does not mean that the underlying motor vehicle stop and subsequent search was valid. You should consult with an attorney to discuss the facts of your case and possible motion to suppress.
A: Yes smell is enough for a search but that doesn't mean you don't have other better defenses. Set up one of the free in office consultations that most of us criminal lawyers offer.
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