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Is the smell of marijuana probable cause?

Cop said he smelled weed in the car and that gave him the right to search my car. Dude popped open the trunk and found a small handgun. Did he have right to search?

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    Victor Rivera | Rivera Legal Group, PLLC
    1011 Surrey Lane
    Flower Mound, TX 75022
    (214) 646-3236
    Yes, the smell of marijuana coming from the car is enough probable cause to contact a search of your vehicle, to include the trunk. The smell of marijuana is a sign that a criminal activity is either taking place or was just completed and case law has given the officers a thumbs up.
    Answer Applies to: Texas - Replied: 2/4/2013
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