The thing is that "smelled pot" is one of those things officers just can make up after the fact if their search produced marijuana and they were unsure on their legal footing on the search's pretense. If the supporting details around the stop and search are not iffy, you buy the officer's assertion and move on.
Once details of the stop starts showing signs of questionable judgement, the defense can start poking at the veracity of his statement. And he can only say he thought he smelled pot, never found evidence of "consumed" marijuana like paraphernalia or spent cigarette or cigarillo, and the amount was not enough to create a strong odor by itself. Why did he let the other two go when in a sedan any of the passengers could be the owner of the contraband?
Furthermore, how do you prove Jones or Robinson knowingly stole the weapon or purchased it knowing it was stolen? The weapon was reported missing in Baldwin County. I don't think either was there committing theft. The charge was not for registration of a weapon, but possession of a stolen firearm. If he didn't know it was stolen then that charge goes out the window. So you're left with a gram of pot to prosecute and it isn't worth the court's time considering they lawyer'd up.
Once details of the stop starts showing signs of questionable judgement, the defense can start poking at the veracity of his statement. And he can only say he thought he smelled pot, never found evidence of "consumed" marijuana like paraphernalia or spent cigarette or cigarillo, and the amount was not enough to create a strong odor by itself. Why did he let the other two go when in a sedan any of the passengers could be the owner of the contraband?
Furthermore, how do you prove Jones or Robinson knowingly stole the weapon or purchased it knowing it was stolen? The weapon was reported missing in Baldwin County. I don't think either was there committing theft. The charge was not for registration of a weapon, but possession of a stolen firearm. If he didn't know it was stolen then that charge goes out the window. So you're left with a gram of pot to prosecute and it isn't worth the court's time considering they lawyer'd up.