The search commenced because of the marijuana odor emanating from the car. That part was justified; it was the reason for the stop that wasn’t. Good hunch on the deputy’s part...this time; too bad a drug-dealer was able to go free, though.
On the bright side, it’s one less pretext that the cops can use to violate the Constitutional rights of the citizenry.
This is a case of two wrongs making a right.
I would say that in this case the stop itself was justified.
It is illegal to drive with improper plates, and since there is no way to check VIN numbers while a car is going down the road, it was reasonable to assume the plate didn’t match the wrong colored vehicle.
Had the car’s body been changed to make it appear to an entirely different vehicle it would be the same thing, a reasonable stop to make sure the plate wasn’t stolen.
Most people would never notice if their plate was stolen and replaced with a different plate, most don’t even know their plate number without checking. I don’t know mine.
You wouldn’t want some committing crimes while driving with your license plates would you? That could lead to far more problems and hassle than being stopped to check a plate match.
IMO it was a perfectly reasonable legal stop.
Interesting.
What if the license comes back to a SUV and the plate is on a Volt? Can he be stopped then?
Stopping someone for driving a car that is “ocean blue” when it is listed as “teal”. . .that would be a stretch, but what if the registration says ‘red’ and the car is dark blue? Why wouldn’t that be considered odd or suspicious?
Stolen plates are a major business, with most people not noticing their missing front plate. What about someone swapping plates with the other car he owns, just paying for a single registration (I have seen that years back).
A plate doesn’t match the car and that is to be ignored?
That would be an indication of something, even to the most causal observer.
The drug bust part is a separate issue. Consent to search would be required or it is in plain sight or the smell is obvious and over-powering and then a warrant is required.