Legal Question in Criminal Law in Florida

Not sure what your question is, but once he smells it, he has probable cause to search and consent may not even be necessary. He then has the right to search places that are not in plain view. My suggestion is twofold, first, if you're going to smoke don't do it in a car, and second, get an attorney as there may be issues that are not apparent from your post.

The law allows an officer who smells the odor of cannabis, burnt or otherwise, to search the area from which he claims to have smelled the odor. This is known as the "plain smell" doctrine and is derived from the concept in the law known as the "plain view" doctrine. The real issue is why would an officer need to gain a person's consent to search what he had already supposedly developed probable cause to search on his own. This may demonstrate to the State and/or the court that perhaps the officer was not truly able to smell what he claimed, but was operating under certain presumptions and was fishing for evidence. Proving this in court is difficult, so I would not rely on that as your defense, but it does raise a red flag that may be usefull in your case. I recommend you speak with a lawyer.