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Smoking Can Be Hazardous to More Than Just Your Health

By Ron Chapman

If a police officer stops your car for, say, speeding and then smells an odor of marijuana when he walks up to your car window, Florida law states that that officer has probable cause to believe that a violation of Florida's narcotic's laws has occurred.  When that happens, the officer is legally entitled to search the entire car including the truck and everyone inside the car. Within the last year or two, I have read many police reports in which arresting officers have relied upon the alleged smell of marijuana in order to search vehicles and its passengers.  In fact, it seems that officers are relying upon this reason much more than they have in years past.  Is that because more people are smoking marijuana in their cars than used to be the case, or is it because officers know that it is very difficult, if not impossible, to prove that they did not, in fact, smell marijuana when they say they did?continue to full post

Full post as published by Palm Beach Criminal Defense Blog on January 20, 2008 (boomark / email).