I'm just curious about consent to search.
My youngest brother just told me he got pulled over for speeding (cant tell the parents cause he is already in the hole for his grades... Ahhh to be a kid again) He knows he was speeding and took responsibility for it. No problems with that part of it at all. But, he said the officer had him exit the vehicle and then searched his car for illegal substances. He said the officers reason for the search was the fact that "the car smelled strongly of air freshener"
My question is: is that considered probable cause nowadays? I mean, yes, a guy could cover the smell of drugs or alcohol, but really? A car smelling like a car freshener is enough to have your personal property searched? I thought a stronger case was required.
I know a search isn't a big deal if you have nothing to hide, but why be forced to deal with the hassle? Is this a situation where he could have said no to the search and gone on with his day? .
My youngest brother just told me he got pulled over for speeding (cant tell the parents cause he is already in the hole for his grades... Ahhh to be a kid again) He knows he was speeding and took responsibility for it. No problems with that part of it at all. But, he said the officer had him exit the vehicle and then searched his car for illegal substances. He said the officers reason for the search was the fact that "the car smelled strongly of air freshener"
My question is: is that considered probable cause nowadays? I mean, yes, a guy could cover the smell of drugs or alcohol, but really? A car smelling like a car freshener is enough to have your personal property searched? I thought a stronger case was required.
I know a search isn't a big deal if you have nothing to hide, but why be forced to deal with the hassle? Is this a situation where he could have said no to the search and gone on with his day? .
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