Ok so I got a very special case. Basically a cop came up to my car in the parking lot with reason to confront me. The car smelled of burnt marijuana. He had reason to detain and search the cab of the car as well as me and the passenger. Legally though, he did not have reason to search the trunk because the smell of burnt marijuana gives only probable cause to search where we might smoke and its unreasonable to smoke in the trunk(United States V Wald 10 Cir. 2000) Well he searched the trunk anyways without my consent and found a lot of marijuana. So that was illegal. Heres where it gets iffy and my attorney says it doesn't matter but I cant confirm that. When he was detaining us, the officer found a small amount of marijuana and a pipe ON my friend who was in the passenger seat.
Does finding contraband ON him give reason to search the car?
If it does, and the search of the cab was fruitless, then is it still reasonable to search the trunk?
Please link for references to your answers if you can.
Thanks!
Does finding contraband ON him give reason to search the car?
If it does, and the search of the cab was fruitless, then is it still reasonable to search the trunk?
Please link for references to your answers if you can.
Thanks!