Three things not to do if the cops smell weed in your car.
Panic arouses suspicion. Don't be a furtive weasel.
If you abandon your car the cops can search it and the prosecutor will argue you ran because you're guilty.
Don't be rude or out of control.If you're rude or out of control, you can wind up face down on a cop car or worse; on the pavement. Remember, most cops are more concerned about going home than your rights. You might be the victim of a bad stop. As far as the cops are concerned, your rights are secondary to their desire to go home. Let your lawyer deal with their screw ups later. You need to be safe and get home. If the cops have a crappy case, but you're a jerk, you can still go to jail on a “PO PO” charge; called Pissing off a Police Officer.
Get home safe – fight another day.
Should you talk?
Have you ever seen a fish hanging on the wall that didn't open its mouth first? You have to give the officer your name and address but: Don't volunteer unnecessary information. The cop can ask you whatever he wants but you can refuse to answer. Our Constitution guarantees you the right to not answer and to not be punished for shutting up.
So what do you do when the cop asks “Do I smell weed?”One way of answering is by asking a question.
“Am I being arrested or detained officer?”
If the answer is NO ask “Am I free to leave?”
If you are, leave.
If not you're being detained, you have the right to refuse to answer questions and it's probably a good time to use it. Politely but firmly tell the officer you're exercising your right to remain silent. Don't get tricked and fall for some version of:
“If you didn't do anything wrong waddaya need a lawyer for?”
“You wanna lawyer up; I'll set your bond so high you'll never see daylight.”
Once you tell them you want to remain silent, their job is to not ask you more questions or to make statements or threats to get you to talk.
Don't be afraid to your right to silence. Make like an Easter Island head, say nothing.