Quote:
Originally Posted by Furniture
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As rogean said this is nothing new and its always been that they can search your car under the 4th amendment with probably cause.
In NY and id imagine most if not all states this is the case. If a cop smells weed coming out of your car or can spot something that even resembles something illegal from outside of the car (like a joint roach or something) or anything like that then you can 100% expect your car to get searched and there isnt anything you can do about it. It would be kind of ridiculous to think that a cop should have to leave you and your car and go get a warrant before he can search it.
Its really not a big deal though. Keep your drugs/guns/kidnap victims at home. Keeping anything illegal in your car when you don't have to do is just plain stupid.
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Even if he smells anything, he can't search your car. He has no probably cause that the smell came from weed or if you ran over a skunk. If something is visible in your car, he may have the right to search it, but saying "i smell something" is way too vague and I can see how they can exploit this.