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08-06-2010, 08:09 AM #6justpics
One for Us
something else that is probably important to recognize is that they actually don't even need to go get a warrant. From the article, ""It should be noted that Trooper Larsen likely had probable cause to arrest Tibbles based on the strong odor of marijuana coming from the car," the court ruled.
Because the trooper did not do so, but instead released Tibbles, the customary 'search incident to a lawful arrest' exception to the warrant requirement does not apply, the court ruled."
Just expect to be arrested if they smell marijuana, and then searched.