So if the driver hadn’t been a drug dealer, would the search still be justified?
I didn’t say the search was justified. It’ a dumb reason to pull someone over.
That doesn’t make him not guilty of having those drugs.
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.
Good question. The answer is "yes" as a practical matter. What are you going to do, sue the cops over being stopped? No arrest, no trial, no conviction, etc.; then probably the case wouldn't see a trial court, let alone an appellate court.
YES, it would be. The car didnt match the description on the registration.
What if it had been a different kind of car, but the right color, would that be reason enough to stop him?
If the car dont match the description, hell yes that is good reason to pull it over.
If the driver had not been a drug dealer, no drugs or drug money would have been found, and he could have posted his complaint about the stop like many of us would.