Quote Originally Posted by mfactor420
Yes, but the burden of proof remains with the police. Please tell me how the police prove beyond a reasonable doubt that they smelled it. Just their say so does not meet the burden of proof test.

I hate to sound like myth1184, but it is still illegal. Be careful!!!
They don't need to prove anything until subpoenaed to do so by the courts. Furthermore, 2 cops are considered a more credible source than 2 civilians. As soon as the two men are arrested, they're split up into different cars. They don't get to communicate during questioning, but guess what. The cops do. The cops can make up whatever bullshit story they want, and there will be 2 cops with the same story as opposed to 2 people with stories that are slightly or incredibly different.