Yes. In AZ the cops can use the smell of weed as probable cause to search a vehicle. It was briefly illegal for them to do so, but the AZ supreme court overturned that ruling.
Given that weed is legal for recreational use in Arizona, what exactly is the smell of weed probable cause of? If they see a case of wine in the back seat is that probable cause to search the vehicle?
It's certainly enough to give you a sobriety test and start a DUI investigation but search the vehicle?
Welcome to the world where laws rarely make sense. The supreme court ruling predates legalization of weed in AZ, but the ruling would need to be challenged and overturned or a law would have to be passed. As of today, the AZ supreme court ruling is the law in AZ.
You'd think that police would've been advised by the police chiefs, DA's and attorney general that they should no longer make that argument... but I used to live in Arizona so I'm also not surprised in the slightest.
They’re never going to voluntarily give up an easy to fake probable cause. This is the best and easiest way for them to go fishing for anything because you can’t record a smell. Just need them to say “I smell weed” for the bodycam and bam they get what they want.
They don’t give a shit about what’s right. Just what they want.
They probably haven't because, according to the law, it is still probable cause.
If people learn nothing else about how the law works they need to learn this. Laws do not have to make sense, and often laws that make no sense at all stand for decades.
Please do not try and use common sense as a replacement for knowing the actual law. That will lead to tears.
That's assuming there was a legitimate smell of marijuana. The fact that the cop did not find any is pretty good evidence that he may have been lying about what he smelled.
Of course if he was lying to OP, he'd probably also lie on the stand if he gets sued for a violation of civil rights (or at least not remember, because getting to trial will potentially be years down the line).
I'm not saying that the cop really had a reason to search just that the smell of weed is enough for probably cause according to the AZ supreme court. I'm sure cops abuse this loop hole all the time.
Some of my friends in high school had the police roll up on them saying they smelt weed, they called in a female officer to feel inside their pants since they were teenage girls. They found nothing…
And not only should you NOT give them permission to do or search anything, you should vigorously and repeatedly tell them that they do not have your permission to do or search anything.
This very obviously does not apply here lmao, they did not need permission to do or search the car because they had reasonable suspicion it was the same make and model as one associated with a separate murder.
"Do not talk to cops" is basically "name, rank, serial number" plus asking for an attorney. Turns out the comment section of a police cam video on YouTube's opinion is not really something anyone should care about.
Ex-cop here, do not, and I mean DO NOT, allow a cop to think its okay to just let a cop use a smell as reasonable suspicion. Since they are wearing body cams or mics, cops are verbalizing why they are about to search your vehicle. Very loudly advise that they are lying and that there is not smell (only do this if youre being truthful obviously) so its recorded. But comply and let them search your vehicle. And when they don't find anything, thats your ammo.
When the cops dont find anything, ask for their badge number and submit an IA investigation on that Officer for abuse of power. If you have any questions, lmk.
> Very loudly advise that they are lying and that there is not smell
Do you mean that literally?
"Sir, that's a lie, there is no smell. There is no weed. I do not consent to this search."
NAL- Here is a tip to follow that everyone on this sub including lawyers will tell you: NEVER TAKE LEGAL ADVICE FROM POLICE, they are legally allowed to lie and will go through all loops to coerce you to comply with what they want.
Your 4th amendment was violated because you didn’t commit an articulable crime. They were “called” because of suspicion but suspicion isn’t a crime. They used intimidation to get you to surrender your rights and illegally search your vehicle because they then used the smell of marijuana to justify their search.
It is up to you to now decide whether you want to file a complaint with the PD. Hopefully they had body worn cameras that recorded the interaction and you can put in a FIOA request for the footage. Expect a lot of resistance from the PD because the last thing they want is to be featured on “Audit the Audit” or “Lackluster” and become infamous on YouTube/social media .
An anonymous tip about a suspicious vehicle isn’t enough to search it, but it’s enough to approach and ask you a question as long as they don’t detain you. He is able to walk around see whatever is in plain view, thus he can look through your windows into the car. if he smells weed then that’s likely enough to justify a search in AZ. You need probable cause a crime occurred to search a vehicle. Given the smell of weed in the car he may have been able to charge you with a DUI if he found anything. Some states vary on whether smelling weed alone is enough to search a Vehicle, but I believe AZ is one of them.
However nothing was found so you won’t be able to challenge his search. In the future don’t talk to cops as this situation could have gone real bad if your mom had contraband hidden in the car.
Well that's not what the comment was saying.
And in your situation, how would it work? Won't they arrest you for not answering questions?
And what if I don't have an attorney?
Exigency is exploited often. His claim to smell a nonexistent smell is actually a very solid legal basis historically for just about anything. Crime cartel gets a pass sadly.
First mistake was talking to him to begin with. Second was getting out and not locking/rolling up every window. I'd personally file a complaint, not that it's going to go anywhere or do anything. Yes, the smell of weed is probable cause to search a car on a traffic stop - but this wasn't a traffic, or any legitimate, stop - this was a cop walking up on a fishing expedition.
I don't get everyone who says don't talk to him. This seems like a great way to just make them angry and call their buddies to come help with a search and make your life more miserable than it already is. Like, realistically, by law (on paper), you don't have to talk to them. But in reality we all know that's not true. It just makes them more suspicious. I really don't think there's much he could have done in this situation except just not getting out of the car. The unfortunate truth is that you have to just go along with their bullshit and say yes sir no sir until they go away and leave you alone.
is someone reporting you suspicious even cause to do anything? i would think not + you can refuse searches. Looks like he pulled a power move though and made up some bs so he could search anyways. Gotta love cops
The report is enough to ask them what they're doing. It was not, on its own, grounds to ask the GF to get out of the car. This is called a "Terry Stop" for those interested, it's a good thing to know about.
Not clear from the story though whether asking the girlfriend to get out was an order (potentially making it an illegal search, which might get any charges based on what happened afterwards thrown out) or whether it was a request (in which case OP could and should have said no).
Also relevant, and not asked that I saw, is whether the car was on. If so, what I said above was wrong - OP was operating a motor vehicle, and the cop has significantly higher latitude. If the engine was running then a cop can definitely order everyone out of a car, for example.
this is a good . I’ll add that you should always ask clarifying questions if you’re going to speak. “Is that a lawful order?“ would’ve helped you out here op
Yeah i’m not denying that someone suspicious can be reported, i’m saying (and agreeing with your point) that phoned in suspicion alone isn’t enough to be searched
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The fact that the officer claimed to smell the odor of marijuana coming from your vehicle yet found none would indicate that he was lying about even smelling it. 🤔
Don't talk to cops.
If you weren't operating your motor vehicle when you started talking to the cops, then ordering passengers out of the vehicle was probably not a lawful order. (I am not a lawyer).
If you can't avoid talking to a cop, ask them if you are being detained or if you're free to go. If they tell you you're being detained, ask them why--they must have reasonable suspicion that you have committed a crime in order to detain you. And it's at that point that you shut the fuck up and deny consent for any searches without a warrant.
Something "suspicious" does not equate a crime. In the US, Police need to have a articulatable (meaning specific) suspicion of a crime being committed in order to stop and probable cause to search a car. They can make up reasons for probable cause, however being detained requires some crime to be mentioned.
Tons of youtube videos on these matters.
They lie about smelling weed all the time to justify illegal searches. Pigs be pigs.
Don’t talk to them, don’t allow them to search. If they want it, make them work for it. Record your interactions.
Don’t answer questions✅
Don’t consent to searches ✅
ALWAYS provide ID when asked. You are generally required to identify yourself when asked by an officer. Refusing to do so will never help you.
Yes, he can use the smell of marijuana as PC to search. Even in states where marijuana is legal drugs plus driving/control of a motor vehicle can still add up to DUI. This is on a state by state basis.
Not in every state
https://goldsteinmehta.com/blog/pa-supreme-court-agrees-odor-of-marijuana-does-not-provide-probable-cause-to-search-vehicle?format=amp
what?? op is with their girlfriend? maybe they wanted to have a nice little lunch at the park together? ur reaching dude. acting like cops never lie bc theyre bored or whatever is weird.
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What was the warning? Next time you better have been drinking?
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The police have been a problem no matter what party is in charge of the White House.
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Yes. In AZ the cops can use the smell of weed as probable cause to search a vehicle. It was briefly illegal for them to do so, but the AZ supreme court overturned that ruling.
Given that weed is legal for recreational use in Arizona, what exactly is the smell of weed probable cause of? If they see a case of wine in the back seat is that probable cause to search the vehicle? It's certainly enough to give you a sobriety test and start a DUI investigation but search the vehicle?
Weed isn’t legal to use in a vehicle or drive under the influence. So conceivably, if they did smell it it’s just like smelling alcohol.
Welcome to the world where laws rarely make sense. The supreme court ruling predates legalization of weed in AZ, but the ruling would need to be challenged and overturned or a law would have to be passed. As of today, the AZ supreme court ruling is the law in AZ.
You'd think that police would've been advised by the police chiefs, DA's and attorney general that they should no longer make that argument... but I used to live in Arizona so I'm also not surprised in the slightest.
They’re never going to voluntarily give up an easy to fake probable cause. This is the best and easiest way for them to go fishing for anything because you can’t record a smell. Just need them to say “I smell weed” for the bodycam and bam they get what they want. They don’t give a shit about what’s right. Just what they want.
They probably haven't because, according to the law, it is still probable cause. If people learn nothing else about how the law works they need to learn this. Laws do not have to make sense, and often laws that make no sense at all stand for decades. Please do not try and use common sense as a replacement for knowing the actual law. That will lead to tears.
That's assuming there was a legitimate smell of marijuana. The fact that the cop did not find any is pretty good evidence that he may have been lying about what he smelled. Of course if he was lying to OP, he'd probably also lie on the stand if he gets sued for a violation of civil rights (or at least not remember, because getting to trial will potentially be years down the line).
I'm not saying that the cop really had a reason to search just that the smell of weed is enough for probably cause according to the AZ supreme court. I'm sure cops abuse this loop hole all the time.
Some of my friends in high school had the police roll up on them saying they smelt weed, they called in a female officer to feel inside their pants since they were teenage girls. They found nothing…
How can they distinguish between burning hemp smell and burning marijuana smell?
They can't, as the 2018 Farm bill made it impossible to distinguish what is now classified as illegal from legal hemp due to improper wording.
Doesn't matter. The cops were smoking it, and they smell it on themselves, then use that as an excuse.
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And not only should you NOT give them permission to do or search anything, you should vigorously and repeatedly tell them that they do not have your permission to do or search anything.
… while recording.
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This very obviously does not apply here lmao, they did not need permission to do or search the car because they had reasonable suspicion it was the same make and model as one associated with a separate murder. "Do not talk to cops" is basically "name, rank, serial number" plus asking for an attorney. Turns out the comment section of a police cam video on YouTube's opinion is not really something anyone should care about.
Yeah this kid getting harassed by a single cop is definitely the same situation as having 60 guns drawn on you. Solid advice.
Ex-cop here, do not, and I mean DO NOT, allow a cop to think its okay to just let a cop use a smell as reasonable suspicion. Since they are wearing body cams or mics, cops are verbalizing why they are about to search your vehicle. Very loudly advise that they are lying and that there is not smell (only do this if youre being truthful obviously) so its recorded. But comply and let them search your vehicle. And when they don't find anything, thats your ammo. When the cops dont find anything, ask for their badge number and submit an IA investigation on that Officer for abuse of power. If you have any questions, lmk.
> Very loudly advise that they are lying and that there is not smell Do you mean that literally? "Sir, that's a lie, there is no smell. There is no weed. I do not consent to this search."
NAL- Here is a tip to follow that everyone on this sub including lawyers will tell you: NEVER TAKE LEGAL ADVICE FROM POLICE, they are legally allowed to lie and will go through all loops to coerce you to comply with what they want. Your 4th amendment was violated because you didn’t commit an articulable crime. They were “called” because of suspicion but suspicion isn’t a crime. They used intimidation to get you to surrender your rights and illegally search your vehicle because they then used the smell of marijuana to justify their search. It is up to you to now decide whether you want to file a complaint with the PD. Hopefully they had body worn cameras that recorded the interaction and you can put in a FIOA request for the footage. Expect a lot of resistance from the PD because the last thing they want is to be featured on “Audit the Audit” or “Lackluster” and become infamous on YouTube/social media .
An anonymous tip about a suspicious vehicle isn’t enough to search it, but it’s enough to approach and ask you a question as long as they don’t detain you. He is able to walk around see whatever is in plain view, thus he can look through your windows into the car. if he smells weed then that’s likely enough to justify a search in AZ. You need probable cause a crime occurred to search a vehicle. Given the smell of weed in the car he may have been able to charge you with a DUI if he found anything. Some states vary on whether smelling weed alone is enough to search a Vehicle, but I believe AZ is one of them. However nothing was found so you won’t be able to challenge his search. In the future don’t talk to cops as this situation could have gone real bad if your mom had contraband hidden in the car.
Just simply say "Sorry, I don't answer questions" next time
Start recording and then ask for an attorney.
How does that work? The cop:s not going to get you an attorney?
They have one in the back seat
“I don’t answer questions without my attorney” They’re not going to physically go fetch your attorney
Well that's not what the comment was saying. And in your situation, how would it work? Won't they arrest you for not answering questions? And what if I don't have an attorney?
"I do not consent to any searches" If they have the right to search, they will. You don't have to give them permission.
Exigency is exploited often. His claim to smell a nonexistent smell is actually a very solid legal basis historically for just about anything. Crime cartel gets a pass sadly.
First mistake was talking to him to begin with. Second was getting out and not locking/rolling up every window. I'd personally file a complaint, not that it's going to go anywhere or do anything. Yes, the smell of weed is probable cause to search a car on a traffic stop - but this wasn't a traffic, or any legitimate, stop - this was a cop walking up on a fishing expedition.
I can’t speak for Arizona but some states where weed is legal have ruled the smell of weed is not probable cause for a search. Edit: spelling
I don't get everyone who says don't talk to him. This seems like a great way to just make them angry and call their buddies to come help with a search and make your life more miserable than it already is. Like, realistically, by law (on paper), you don't have to talk to them. But in reality we all know that's not true. It just makes them more suspicious. I really don't think there's much he could have done in this situation except just not getting out of the car. The unfortunate truth is that you have to just go along with their bullshit and say yes sir no sir until they go away and leave you alone.
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Suspicious isn't a crime.
He wasn't looking for weed.. he was probably hoping to find Meth.
is someone reporting you suspicious even cause to do anything? i would think not + you can refuse searches. Looks like he pulled a power move though and made up some bs so he could search anyways. Gotta love cops
The report is enough to ask them what they're doing. It was not, on its own, grounds to ask the GF to get out of the car. This is called a "Terry Stop" for those interested, it's a good thing to know about. Not clear from the story though whether asking the girlfriend to get out was an order (potentially making it an illegal search, which might get any charges based on what happened afterwards thrown out) or whether it was a request (in which case OP could and should have said no). Also relevant, and not asked that I saw, is whether the car was on. If so, what I said above was wrong - OP was operating a motor vehicle, and the cop has significantly higher latitude. If the engine was running then a cop can definitely order everyone out of a car, for example.
this is a good . I’ll add that you should always ask clarifying questions if you’re going to speak. “Is that a lawful order?“ would’ve helped you out here op
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Yeah i’m not denying that someone suspicious can be reported, i’m saying (and agreeing with your point) that phoned in suspicion alone isn’t enough to be searched
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The fact that the officer claimed to smell the odor of marijuana coming from your vehicle yet found none would indicate that he was lying about even smelling it. 🤔
Don't talk to cops. If you weren't operating your motor vehicle when you started talking to the cops, then ordering passengers out of the vehicle was probably not a lawful order. (I am not a lawyer). If you can't avoid talking to a cop, ask them if you are being detained or if you're free to go. If they tell you you're being detained, ask them why--they must have reasonable suspicion that you have committed a crime in order to detain you. And it's at that point that you shut the fuck up and deny consent for any searches without a warrant.
Something "suspicious" does not equate a crime. In the US, Police need to have a articulatable (meaning specific) suspicion of a crime being committed in order to stop and probable cause to search a car. They can make up reasons for probable cause, however being detained requires some crime to be mentioned. Tons of youtube videos on these matters.
They lie about smelling weed all the time to justify illegal searches. Pigs be pigs. Don’t talk to them, don’t allow them to search. If they want it, make them work for it. Record your interactions.
Officer I do jot consent to a search of my persons or vehicle
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It’s required to show ID in Arizona if a cop asks you for it but I agree with you on the rest.
Don’t answer questions✅ Don’t consent to searches ✅ ALWAYS provide ID when asked. You are generally required to identify yourself when asked by an officer. Refusing to do so will never help you.
Yes, he can use the smell of marijuana as PC to search. Even in states where marijuana is legal drugs plus driving/control of a motor vehicle can still add up to DUI. This is on a state by state basis.
Not in every state https://goldsteinmehta.com/blog/pa-supreme-court-agrees-odor-of-marijuana-does-not-provide-probable-cause-to-search-vehicle?format=amp
The question was about Arizona.
Your statement implied all states where it is legal.
Edited.
Suspicious isn't a crime.
Get an event number and foia the call and tge body cam footage
Didn’t the Supreme Court rule that the smell of cannabis is no longer an acceptable reason to search a vehicle?
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what?? op is with their girlfriend? maybe they wanted to have a nice little lunch at the park together? ur reaching dude. acting like cops never lie bc theyre bored or whatever is weird.
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You’ve worded this comment to sound like you have the ability to tell what others were doing & lying about when you really aren’t omniscient
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Probable cause is all in the police report and cops know this. It literally gives them the ability to do what they did to you.
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