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Jul 08, 2013 at 06:46PM EDT
The cop obviously can claim probably cause, which doesn’t require a warrant in most cases. Even if he didn’t smell it, so long as he claims he did he’s still probably alright.
Cop searches vehicle and either:
A.) Nothing is found, cop admits he was mistaken and you go on your merry way (maybe you even get to complain to his commanding officer later, since you have the moral high ground).
B.) They find something, which means that the cop was justified in a search.
Either way, the guy added a lot of charges by resisting. Why cause such a big commotion if you’re innocent? If you distrust the police (and you’re intelligent) you keep clean and comply with demands to keep them from having anything to use against you.
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