Does a Search Under Probable Cause Extend to Unintended Findings?

Question by Scott: Does a search under probable cause extend to unintended findings?
In Orange County California I drove over a median and popped my tires. While stranded on the side of the road and calling for a tow truck, the police arrived. My windows were down and the police asserted that they smelled marijuana coming from the interior of my car. Due to me running over the median and the smell of what they believed to be marijuana, they asked to search my car. I told them “I do not consent to any warrantless searches” every time they asked but they said that the present smell and nature of the crash gave them probable cause to search my vehicle. Upon searching, they found am opened container of vodka inside my backpack behind my seat. They then discovered that the “marijuana” smell came from a legal herb blend. They wrote me a ticket for open container. Were they legally allowed to issue that ticket if the nature of the search was to do with marijuana?

Best answer:

Answer by makeloans2
Yes, they can do that.

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