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It’s not uncommon for police to pull drivers over for traffic stops. Often, these encounters go quickly, and the driver is soon on their way, with the officer returning to patrolling. This can sometimes escalate, and the officer may believe they smell a suspicious odor coming from the car. This often signals that the person behind the wheel is either driving under the influence or may have narcotics in the vehicle. Recently, an attorney revealed how to respond when the police say they notice an odor that shouldn’t be there. 

Most traffic stops are over quickly, but things could escalate for a variety of reasons

Traffic stops are among the most common ways police officers keep the road safe. However, drivers should know how to respond to unique situations when they believe they haven’t committed crimes. Recently, an attorney from Cannon and Associates took to their TikTok to discuss what drivers should say when police feel there is a “suspicious odor” present in the car. 

First, he says that police often use the “suspicious odor” claim to “establish probable cause” to search the vehicle during the traffic stop. He says that arguments such as “I haven’t smoked” or “there’s nothing in my car” are the incorrect course of action. In fact, he says they could make the situation worse, even for innocent people. He then says to remain calm and polite and to say, “I do not consent to any searches.” The attorney then says drivers should request that the officer document any alleged smells in the report. 

@cannonandassociates

Stay calm, stay smart. ? If police mention a suspicious odor, don’t argue. Politely refuse a search and request the smell be noted in their report for the record. #cannonandassociates #criminaldefense #oklahoma #attorney #criminallaw #probablecause #constitutionalright #knowyourrights #carsearch

♬ original sound – John Cannon & Associates

In the end, he says that doing this on traffic stops asserts your constitutional rights. Additionally, it creates a record for court purposes that you did not consent to the search, making it easier to challenge any potential charges in court. Despite knowing how to respond, it’s still important that people avoid driving while under the influence and transporting any illegal substances. 

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