Verified answer

Assuming you were legally driving the car, and the officer did not have probable cause, meaning he could see or smell or hear illegal items, or sees you committing a crime in your car, then he would need your consent to search your car without a warrant. I'm speaking about federal laws. If you say politely that you don't consent to a search, and he lacks probable cause, then even if an illegal search does find incriminating material, you can organize to have it thrown out of court.

My sister got pulled over within a day of buying a new car, and the officer claimed to have smelt marijuana. (Also, my sister didn't use marijuana.)

The regulation components a decision for a warrant in the previous any seek. That being stated, there are a number of exceptions and the exceptions to the exceptions can fill diverse books. in actuality, you will discover such books at your community regulation library. between the main undemanding exceptions is consent. If somebody with dominion over the placement to be searched provides consent to the quest, then there is not any want for a warrant. the subsequent undemanding is stated as "exigent circumstances." If the law enforcement officials have sturdy reason to have confidence there is dope on your motor vehicle, your skill topersistent the motor vehicle away demands them to act right now and the form would not ward off this style of warrantless seek. A seek incident to a lawful arrest has been authorized via the sumptuous courtroom. those are purely a number of the various policies that the courtroom has carved out in attempting to confirm what's an "unreasonable" seek and seizure.

Look around or search? There is a difference. Looking around would be looking through the windows to see what can be seen. Searching is digging through the car, under the seats, in the trunk, in the glove box, between the seats, etc., basically anywhere that cannot be seen through the window.

Can he look around without a warrant? Sure he can. And if he finds something, he then has probable cause to search the car legally without a warrant. He can also search if he feels there may be a safety issue to himself (as in a weapon in the car). But, if there are no passengers, and you are in the back of the squad car, there is no safety issue and they cannot search just for the sake of searching.

It varies by state law, but police can often do a search w/o warrant, especially if you consented. As long as the cop had probable cause, he often can do a superficial investigatory search. The standards vary though. For a real explanation of your rights, retain a lawyer.

Did you have a license? Did you have insurance? Did he ask you first? There are always circumstances. So if like you were braking the law I think he can.

only if you consent to a search but if you are arrested he can search the car