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PROBABLE CAUSE TO SEARCH A VEHICLE REQUIRES OBJECTIVE FACTS

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You’ve been stopped by the police for speeding. Can the officer search your vehicle without your consent? The answer is yes and no. Yes, the officer can search your vehicle, without your consent, if he or she has probable cause to believe your vehicle contains evidence of a crime. This is one of the so-called automobile exceptions to 4th Amendment protections against unreasonable search and seizure.

Let’s say the officer stops your vehicle and as soon as you roll down the window, a strong waft of cannabis smoke hits the officer’s olfactory senses. While recreational cannabis is legal in California, smoking it while driving is not. In this scenario, the officer can establish probable cause—that is a reasonable belief based on the fact of the strong smell of burning cannabis in the vehicle—that there is evidence of crime in the vehicle, to wit: burned cannabis.

Let’s consider another scenario. The police encounter a group of known gang members in a parking lot. Several individuals are arrested for weapons possession. The car belonging to one of those individuals was parked in the parking lot where the police encounter occurred. Even though this individual (here, the defendant) was not in his car at the time, the police surmised they had probable cause to search the vehicle. And indeed, the law permits the police to search an unoccupied parked car if “there is a fair probability that contraband or evidence of a crime will be found in a particular


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