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That's immaterial. The fact is, there was an obvious party going on, and experience teaches police officers whenever you have a kid party, there's likely illegal drinking, drug use, drug selling, etc. going on. It's just like a traffic cop pulling over a speeder, and getting a whiff of what smells like marijuana coming from the passenger area. He has probable cause to search the car from then on.

Now, it may turn out to be one of those Beedie (sp?) cigaretes they sell in Saudi, that sure as hell smell like pot, even though they aren't. Does that mean the officer's wrong for having searched the car if he finds nothing? No, it doesn't.

Just as the cops did nothing wrong by searching the house and giving all those breath tests, after being called to a loud party with cars parked illegally, seeing the kids leaving the house (granted, I'm presuming it was more than just those parked illegally who went outside/left the party/ran away), and kids inside drinking from red plastic cups that are commonly found at keggers! Probable cause. Had they stopped the search and left the house after discovering those cups held root beer, then something really did happen afterward, they'd have been up the creek.

Cut 'em some slack...they have a job not many are willing to do, and punk-a** high schoolers trying to play "gotcha" doresn't make their job any easier.

Scouts Out! Cavalry Ho!