Legal Question in Criminal Law in Michigan

Re: (marijuana)

Consent to search isn't relevant here. (And I'd assume that, since you admittedly had marijuana in your car, you would not have given consent.)

Several exceptions to the general rule (that a search warrant is needed) likely apply to your facts. Any or all of these exceptions would make the search and seizure legal.

1. If you were arrested from that car, then the cop can search the passenger compartment of the car, and containers inside the passenger compartment. This is called a search "incident to arrest".

2. Because a car was involved, the "automobile exception" may apply. The rationale is that a car can be easily and quickly moved before a search warrant could be obtained, and evidence could be lost. This is a justifiable "exigency" that allows evidence from a vehicle to be seized w/o a warrant, which might not be proper if the same contraband was found in a less mobile location (e.g., a building).

3. In the last few weeks, the Michigan Supreme Court ruled that a cop that smells marijuana has probable cause to search the passenger compartment of the car for the source of the odor. Before that ruling, odor alone was not sufficient. Now, it is (assuming the cop has sufficient training in what marijuana smells like). So, that, too, could have given your cop reason to search for the source of the odor. You might call this a "plain smell" exception to the warrant requirment.

The contraband does not have to be "in the open", as you complained. Of course, if it was, then another exception to the warrant requirment would have applied: the "plain view exception" (contraband out in the open, in plain view, can be seized without a warrant).

These comments are my own, and are not meant to be a legal opinion. I am a prosecuting attorney, not a criminal defense attorney. You should consult with a lawyer who specializes in criminal law, particularly search & seizure laws and drug laws, to analyze your facts and determine if there is a legitimate legal issue you can raise regarding the seizure.