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Fortunately, the Supreme Court of the United States has a fairly extensive body of law commonly called the “automobile exception” or the Carroll Doctrine which gives clear direction to police officers on this topic.
However, individual states, in interpreting their state constitutions, can be more restrictive upon police in regard to these warrantless searches of automobiles.
Thus, as long as a state is deciding law based upon its interpretation of its own constitution, the state can be more restrictive than the Supreme Court. However, if the state is interpreting the 4th Amendment of the United States Constitution, then they must follow the body of law established by the United States Supreme Court.
originally posted by: buster2010
The dog could have just picked up the sent of pot having been smoked in the truck. Do you know this Matt personally?
originally posted by: lspilot6946
a reply to: 8675309jenny I'm going to stir the pot a little here and throw a conspiracy in the mix. Being a resident of Lakeland, which is about 25 miles east of Tampa, I listen to 102.5 The Bone a lot. During weekday mornings you can tune in to hear a very controversial radio host named Bubba The Love Sponge. If you're a resident of central Florida, then you know who he is. It's no secret that the Mayor of Tampa, Mr. Bob Buckhorn has it out for Bubba. A quick internet search will produce a ton of stuff, including FBI related things about a alleged recent setup regarding a couple attorneys. I also believe Tampa police has it out for him as well. Anyway, Horn Blasters is always being talked about on Bubbas show. I believe Bubba and this Horn Blasters guy are friends. My conspiracy is this. What if the tpd were trying to pressure or scare them? They know who this guy is, they see his truck, they know he's affiliated with Bubba, so they try to harass him and show them "him" who's the boss. I'm telling you, this isn't just random.
originally posted by: bigfatfurrytexan
I do not believe an odor gives probable cause. At least, not in your house. And I cannot imagine an unoccupied truck would be any different.
originally posted by: Swills
I love how marijuana is what they're looking for, the most harmless drug there is.