Question

You stop a vehicle for a traffic violation. When you approach the car, you smell an odor of burning Marijuana come from the inside of the car. Can you search the car, and what is it based on?

A) No, unless there is consent from the driver.
B) Yes, based on the plain view doctrine.
C) Yes, based on probable cause of illegal drug possession.
D) No, unless a search warrant is obtained.

Answer 1

The correct answer is C) Yes, based on probable cause of illegal drug possession.

Step-by-step explanation:

The correct answer is C) Yes, based on probable cause of illegal drug possession.

Based on the information provided, if you smell an odor of burning marijuana coming from inside the car during a traffic stop, it can serve as probable cause to search the car. Probable cause refers to a reasonable belief that a crime has been committed or that there is evidence of a crime. In this case, the odor of burning marijuana gives the police officer reason to believe that there may be illegal drugs in the vehicle, providing the basis for a search without a warrant.

The plain view doctrine (option B) allows law enforcement officers to search and seize items that are in plain view during a lawful search, but it does not apply in this scenario since the odor of marijuana is sensed before searching the car. Similarly, consent from the driver (option A) is not needed when there is probable cause for a search, and a search warrant (option D) is not required when there is probable cause.