Just the other day I was pulled over outside of Dubuque, Iowa, USA, where I live (actually with another member of this site) for speeding. 72 in a 55. That's fine, I guess, I can deal with that, but the cop immediately had me get out of my car and into his. He started grilling me about my friend in the car, and told me it smelled like marijuana. I told him that would be impossible, because it's my parents car, and I don't have anything (truth)! He asked to search and I told him the line I've always got in the back of my head "I don't consent to a warrantless search of my private property." He told me he could call the drug dogs and I told him to go ahead but I'd appreciate it if he would write my ticket and send me on my way as I had places to be. He told me "that isn't going to happen" and we waited. Dog came to the car, they had it circle around it about 10 times. Cop comes back to the car to do something and I asked him if the dog alerted. He tells me no but that they are going to search anyway because he can smell marijuana.
What the fuck!? I couldn't fucking believe it. Do I have my fourth amendment right to refuse?
He proceeded to search the car and found a little bit of xanax on my buddy, which he had a prescription for, and hauled him downtown for it. No marijuana. Not an ash, not a roach, not a little crumb of bud. Nothing. I talked to my lawyer and he basically told me there isn't much he can do about it. I did file a complaint with the Iowa State Patrol, talked to a lieutenant, he didn't seem to care much, but did say he would look into it and get back to me.
All they have to do is say they smell marijuana in a traffic stop people. It doesn't matter if they have evidence to the contrary and a refusal. If they want to search, they will. I didn't know it had come to that but apparently it has.
