Probable cause, it sucks I know. Even if searching you for probable cause due to smell may be illegal it can most definately be twisted against you to make it legal. It is on-par with a cop stopping you for speeding and spotting and open alcohol container in your car, or better yet (for this example) smelling it on your breath.
Killa Milla Reviewed by Killa Milla on . Could a cop search you if... I was just thinking about this. I am usually a pretty safe smoker. That is, I don't take much risk in getting caught. I know that if you are pulled over in a car for another offense (although you don't need much) and the cop smells weed, then he can legally search the car. But what about just walking around in public. Could a cop pat you down if he smells something on you? I know the likely hood of this happening is quite low (im not paranoid) but I do live in a big city and would like to know. Rating: 5