I found something. >> Okay. I don't give you no consent to my car or my vehicle or me >> smoke or if I have been smoking in my vehicle. >> Damn. >> Hey there. How's it going, man? >> Yeah. The reason I stopped you is um the license the registration's expired and then you were kind of rolling through that stop sign back there driving a little fast, but it's neither here nor there. You got a driver's license on you, sir? All right. I appreciate it. Any firearms in the vehicle? >> Nope. >> Nope. All right. Cool. >> All right. I'll be right back with you. All right. No problem. At this moment, the traffic stop takes a critical turn. The officer originally approached the driver over an expired registration, an alleged rolling stop, and possibly driving too fast. But after returning to the vehicle, the conversation suddenly shifts to the smell of marijuana. The driver immediately notices that the odor was not mentioned during the officer's first approach, and he begins questioning whether the justification is developing after the fact. Now, that delay does not automatically mean the officer is lying. An odor may become more noticeable during a second interaction, or the officer may initially choose not to reveal every observation, but the timing still matters. In encounters like this, the exact sequence of statements can determine whether viewers see a legitimate escalation based on new observations or a search justification being assembled in real time. From this point forward, every word, pause, and change in description becomes important. >> So, I'm just going to be honest, man. It's It does smell like you've been smoking a little bit of weed, >> but here's the deal. I know you've been cited before about about smoking weed and [ __ ] Look, here's the deal. If if everything if everything checks out >> No. No. No. Don't listen. >> What's up? I'm I'm I'm going to tell you. >> Yeah. >> You came your first interaction with me coming up on my car. >> Yeah. >> You didn't indicate no marijuana. >> Well, I didn't tell you that. I I smelled it, but I didn't tell you right off the >> bat. Neither did your partner indicate that there was no marijuana. >> Now, with that being said, I don't give you no consent to my car or my vehicle or me. >> You know what I mean? >> I I get that. >> You know what I mean? I got a class ACL right there. There's no weed smoke. There's no smoke. >> It doesn't smell like weed in here. I didn't just get done smoking. Trust me. >> Nothing in my vehicle. >> Well, like like I'm saying though, the thing is if everything checks out, I'm not going to sight you for the weed. I'm not going to if everything checks, I'm just going to be upfront about it. All right, man. >> No problem. >> So, but is there is there a gun in the car or anything like that before? >> No, sir. At this time, I'm not giving consent to my vehicle. >> Sure. If you could call your supervisor before I before you tell me to get out of my car, that'll be greatly fine because I would like a second attempt. >> All right. I mean, there's a baggie on the floor, too. I see. >> That doesn't mean That's not even a baggie. Where do you see a baggie? There's no baggy. >> So now, now you're picking me for no reason. >> Okay. Tell you what, just give me a second. All right. Hey, uh hello. >> How you doing? I'm doing great. How are you? >> I'm good. >> Have you been smoking any marijuana in the car? >> No, I have not. There is no weed smoke. There's no smoke. My ashtray is empty. I don't have anything in my car. I have license. My tag is a little bit bad. That's about it. >> Okay. I do smell a little bit like a faint smell. It's not very strong, but there's a faint smell. >> Yeah. I mean, that's what I thought. I mean, it's nothing >> of marijuana. >> It's nothing overpowering, but at least Right. >> Yeah. law. By law, the smell of odor of marijuana does not give you probable cause to search my part. Now, smoke smoke or if I have been smoking in my vehicle, then upon your officer's interaction with you, his first interaction with me, he told me, he said, I said, "Sir, why are you pulling me over?" He said, "Your bad tags." He said, "Do you kind of ran stop and go at the stop sign?" Are you driving fire? >> And then I was speeding. >> So, I'm just going to cut you off. All right. >> It's a faint smell. I do smell some. >> This is where one of the most misunderstood parts of a traffic stop comes into focus. The driver has repeatedly stated that he does not consent to a search, but refusing consent does not automatically end the issue. Consent is only one possible legal basis for officers to search a vehicle. If they independently believe they have probable cause, they may claim that permission is no longer required. The real dispute then is not whether the driver said no. He clearly did. The dispute is whether the officer's observations were specific and credible enough to justify proceeding. Anyway, notice how the description develops from a general smell of marijuana to a faint smell and then to the more specific phrase burnt marijuana. That distinction could become significant because it shapes the officer's explanation for believing marijuana had recently been used or was present inside the vehicle. The driver is asserting his rights, but asserting a right and successfully preventing police action are not always the same thing. >> He He smells It's nothing overpowering, but we do smell some burnt marijuana. So, I'm going to have you step out of the vehicle. You seem very nervous right now. All right. So, it makes me have you step out. Like I told you, if everything does check out, >> if everything checks out, I'm not going to set you for the go and for me. And I'm just going to make you have any weapons on you? >> I don't search. I'm patting you down for weapons. All right. No problem. >> But you have my ID. >> All right. And the reason I patted you down because I just happened to read like you've been arrested for a gun in the past at some point. >> That was 15. >> Okay. Well, fair enough. That just that gives me >> All right. Go stand by the car up there. I'm not going to >> Yeah. Stand by Stand by the cruiser. >> Ask for a supervisor. >> Stand by the cruiser. I'm not going to I'm done. We talking to you. All right. Get over there. Over. There's nothing in there, bro. I promise. >> There's nothing in there. Then we're just going to let you go. I have a right to uphold my right. >> You do. But the smell of burnt marijuana gives us probable cause to search a vehicle. >> Yeah. If there's nothing in there, then there's nothing in there. >> Articulate burnt marijuana. He said it smells like marijuana. A faint smell of marijuana. Now, the probable cause of >> He did say burn. >> The probable cause of searching my car is if I'm smoking or if if there's there's nothing I had there's nothing on my truck, bro. You know what I mean? >> Yeah. Like I said, there's nothing in there, then you'll be on your way home. Hey, Dad. Man, I'm pulled over down here on Elvine and Cro, man. I know they ain't going to find nothing, but it's just like it's just crazy. I give them my license and insurance, everything, man. Oh, do I just open this thing and it just fell down. Uh, I mean there's a little bit of like maybe some marijuana like there's marijuana like all over the car. I got caught with a gun back in 2010. That was 14 years ago. Uhhuh. Okay, here we go. All right, man. So, right now >> I'm I'm going to place you under arrest. >> Oh, for real? Oh. until I found something. >> I'm going to jail. Okay. >> It doesn't mean you're going to jail. >> I'm going to jail. >> Just relax. All right. >> I'm very relaxed. >> I didn't even know it was in What did you find? >> All right. Put your palms together. >> Sure. >> Or back your hands together. Either way, whatever. >> Okay. >> Wow. I All right. >> You have the right to remain silent. Anything you say can and will be used against you in a court of law. >> So, here's what I found something in there. We found you have options here. Okay, >> hear me out. You have options. >> We have discretion. We could send you to the county jail. >> That's That's what I'm saying. I'm telling you. >> I found what I'll show you what I found. You tell me what it is. If you're upfront about [ __ ] we'll work with you. >> I'm I'm telling you. I'm feel >> Okay. >> Oh, yeah. Those those are hot. >> Okay. What are these? >> Those are Xanax approximate. Do you have a prescription for this? >> I used to, >> but not anymore. No, it probably got it probably got cancelled like a couple months ago, but my dad's right there. He's He's a fireman for about 40 years. He'll tell you cuz I promise you I got a I got a prescription for sure. >> What's going on? >> I don't want to discuss someone's personal business. >> No, that's my son. >> Wow. Sure. >> Xanax, you said. >> Yes, sir. Okay. >> We're have you sit in the back of the cruiser. I'm going to finish searching here. Um >> and then we'll we'll figure out what we're going to do. Okay. I mean, that should be enough there. >> Oh, that's more than enough to test smoke. >> Yeah. >> All right, man. >> Here's the deal. >> Here's the deal. So, you got the Xany, right? >> Yes, sir. >> If you could just be upfront about I'm telling you, it's crushed up Xanax, bro. Sir, can you uh hold on real quick? I >> I'll I'll let you talk to him. I'll tell you in a sec. >> The situation becomes even more complicated when the white powder reportedly tests positive for fentinil. The driver insists that it is crushed Xanax. While the officers treat the field test result as a warning that the substance may be something far more serious, but this result should not be mistaken for final scientific proof. Roadside drug tests are designed to provide officers with a quick preliminary indication, not the same level of certainty as a controlled laboratory analysis. Contamination, handling errors, chemical cross reactions, or interpretation of the test's color change can all create uncertainty. Even the officer acknowledges that the substance will need to be sent for further testing. That leaves two possibilities open. The driver may genuinely not know what the powder contains, or he may be minimizing his knowledge to avoid a more serious charge. Until the laboratory result returns, both the officer's suspicion and the driver's denial remain incomplete pieces of evidence, not a definitive answer. So, here's the deal. They tested positive for fentanyl. All right. That's That's two different things, right? Um you do have a prior drug drug conviction, which makes the Xanax a felony. I If you tell me what it is, I can cut you cut you some summons. >> I'm telling you. I'm telling you. >> It's the white crushed up Xanax. I got green ones and and I got white ones. >> Why Why is it testing positive for fentinel? >> So, and also, here's the deal. It's going to go for testing anyway. So, >> I'm being straight up and honest with you. >> Okay. >> I wasn't forthcoming at first. Yeah, you come in. I'm being straight up and honest. >> All right, cool. >> So, we'll cut you a summon. All right, man. >> Yeah, we'll cut you a summon. But here's the deal, though. If this comes back as fentanyl, you're going to get catch another charge and it's going to be a big deal. It is going to get tested. So, if you're up front and this is fentanyl and it turns out it is fentanyl. If you told me it's not, it's going to go bad for you. >> So, one last chance. Is this >> you? >> Okay. >> Sometimes sometimes it tests weird that the test kit does, but >> we'll get we'll get you a summon. We'll cut you out. All right, man. Just give us a Just give us a minute. >> I appreciate you. >> Yeah. Yeah. Yeah. >> I appreciate it at the courtesy cuz cuz I I was I was an [ __ ] at first, man. >> No, you No, you appreciate that, though, man. >> Well, I'm not going to keep you here any longer. We're going to get the get the ball rolling all this and get you out of here. Okay, man. >> Thank you. >> Yeah. >> Super cool, dude. >> Aggressive at first, but super cool. >> I appreciate it, man. >> Super cool, man. I appreciate the courtesy. >> Be safe. All right.