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If you get pulled over by a dirty cop who lies under oath, he might have a baggie of pot to plant in your car. The only thing you can do is try to find evidence he's a bad cop.
As far as "smelling pot" goes for probable cause for a car search, some judges have tossed those cases out as bad searches. The excuse is so common it's a cliche. Judges see the same cops over and over again and if the judge doesn't believe the cop, the evidence can be excluded at the judge's discretion. There are also a few states that require a warrant for car searches based on their state constitution.
If they searched a house without a warrant because of the lame "i smelled pot" excuse for probable cause, i can't believe the search would be held legal by the appeals courts. Privacy rights are much greater in houses than in cars. Try to find an appeals court case that upheld a warrantless search of a house basd on smelling pot and then post it here.
The most recent precedent setting "plain smell" case was that of Moore before the Ohio Supreme Court. He lost on appeal (as cited here):
http://www.aoc.state.nc.us/www/public/coa/opinions/2004/030151-1.htm
But the trial court had suppressed the evidence. These trial cases can go either way. Is smell a "objective fact"? (The Ohio Supreme Court said Yes.) More importantly, does the trial judge believe the cop?
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Re: Busted for possession...please help I'm scared
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