Does a cop have probable cause to search my car if he pulled me over for what he thought was an illegal widow tint?

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Does a cop have probable cause to search my car if he pulled me over for what he thought was an illegal widow tint?

The cop pulled me over for what he thought was illegal widow tint but he tested it and it was legal. After he found out they are legal he said he smelled weed in my car and insisted that he search, even after I told him i did not consent to a search. He found under an ounce of weed and a pipe. He then gave me DWI test and arrested me for DWI and possession of under 1 oz of weed. Can I get this thrown out on the grounds of illegal search and seizure or am I going to end up taking a plea?

Asked on May 2, 2012 under Criminal Law, Colorado

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

In this case, after the officer smelled the weed in the car, he had probable cause to search you and the car based on the notion that a crime was being committed (illegal possession of marijuana). From that point, the search would be considered a vaild search and seizure. I would still challenge the search for probable cause because you never know what a Judge may or may not accept as being reasonable.


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