Can Police Search Your Car Based on What They Smell?

We've all watched enough Law & Order and other crime dramas to know law enforcement needs probable cause to search private property without a warrant, and even then, there are stipulations. It's a key concept officers use when they believe there’s evidence of a crime

If you've been pulled over, I'm sure you've noticed that police officers look into your car while walking up to you. Even while they're talking to you through your window, they'll glance around inside your car.

But what happens if they don't see anything but smell something? Police officers can always ask you to pop your trunk or ask if they can look in your car more closely. It's up to you if you give them permission.

But can they search the hidden areas of your car if they suspect something without your consent based on the smell of marijuana or alcohol, for example? According to the Motor Biscuit website, it all depends on what state you live in and the reason law enforcement turned on their flashers behind you in the first place.

READ ON: Do Police Always Run Your License Plate When They're Behind You?

In states where pot is legal for medicinal or recreational use, a simple search based on smell may not hold up in court since it doesn't necessarily indicate illegal activity. As for alcohol, I remember when a bottle of white wine broke in my car. WOW, did it smell like I'd been partying way too much, and I was extra careful driving home.

The point is, according to Motor Biscuit, it's a grey area.

Keep in mind that during a traffic stop, police officers can request you exit the vehicle. While most officers won’t ask drivers to get out of their cars, doing so is considered standard operational practice during a routine stop. You’re required by law to comply with this request.

While smell alone can be a probable cause, it’s not a one-size-fits-all thing. This all said, please don't be an idiot and drive after a night of a few drinks or anything else that impairs you.