If you’ve ever been pulled over, you might wonder what would give a police officer the right to search your car. Of course, they might just ask you, and you might just say yes (most attorneys would say not to do this). When it comes to a warrantless vehicle search without your permission, though, things get a bit grey. One common question folks ask is whether the smell of something like marijuana or alcohol gives officers enough probable cause to search a vehicle without a warrant.

In many cases, yes…but it depends on the state and circumstances.

“Probable cause” is a key concept in law enforcement. It means an officer has enough reason to believe there’s evidence of a crime in your car. Smell, especially of substances like marijuana or alcohol, can sometimes provide that reason.

Historically, if an officer detected the smell of marijuana, they could often use it as probable cause to search a vehicle. This made sense in the past when marijuana was illegal nationwide. However, state laws changed. Now, some states have legalized marijuana for medicinal or recreational use. In those states, the smell of marijuana alone might not justify a search anymore. After all, it may not indicate illegal activity. Some courts in these states have ruled that odor isn’t enough for a search. This is especially true if the person is following local laws.

For example, in states like California and Colorado, marijuana use is legal. There, courts have argued that smell alone doesn’t mean there’s an immediate crime taking place. But in states where marijuana remains illegal, a police officer can usually still rely on odor as probable cause.

It’s worth noting that the smell of alcohol presents different issues to police.

If an officer smells alcohol and believes you may be impaired, this could lead to further investigation. Typically, a sobriety test is the next step. In most places, the smell of alcohol alone doesn’t automatically permit a search, but it may allow officers to gather more evidence if they suspect drunk driving.

Keep in mind that during a traffic stop, police officers can request you exit the vehicle. While most officers won’t ask drivers to get out of their cars, doing so is considered standard operational practice during a routine stop. You’re required by law to comply with this request.

While smell alone can be probable cause in some situations, it’s not a one-size-fits-all answer. Different states interpret probable cause differently, especially as laws evolve. When in doubt, it’s smart to know the laws in your state, stay calm if you’re pulled over by a police officer, and understand your rights as a driver.