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    jamoffre12's Avatar
    jamoffre12 Posts: 2, Reputation: 1
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    #1

    Mar 15, 2014, 12:11 PM
    I believe illegal search
    Can an officer search a vehicle in Nebraska just saying he smelled marijuana even if I told him NO? And also they were looking in my truck because of someone else that was being a fool what can I do about this?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
    		  
    #2

    Mar 15, 2014, 12:30 PM
    Yes, smelling is as good as seeing (according to the law).
    In your truck? Trunk? You are responsible for everyone and everything that goes on in your vehicle.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Mar 15, 2014, 12:34 PM
    Its called probable cause. The thing is if they did find marijuana, then their probable cause is confirmed. If they didn't then anything else they found is probably not admissible in court.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Mar 15, 2014, 09:12 PM
    I get to correct Scott, (finally) if the officer has a reasonable reason to suspect,

    Also at any traffic stop, they are allowed to search (for officer security) even if driver out of the car. Any area within the drivers reach. They can also look anywhere that is in plain site.

    ** if you really want the US Supreme court cases on this, I can pull them up, this is one of the search and seizure laws issues I just did , last month


    Also, any search is legal, until the court declares it illegal.
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