Unknown, 53 F.3d 684. · Go Syfert
Unknown, 53 F.3d 684. Cases Citing This Book View Copy Cite
218 citation events (177 in the last 25 years) across 32 distinct courts.
Strongest positive: Terrell v. Town of Woodworth (ca5, 2024-02-19)
Treatment trajectory · 1995 → 2026 · click a year to view as-of
1995 2010 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Terrell v. Town of Woodworth
5th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
he smell of marihuana alone may be ground enough for a finding of probable cause, as this court has held many times.
discussed Cited as authority (verbatim quote) Jacobs v. Lemelin
E.D. Tex. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
he smell of marihuana alone may be ground enough for a find- ing of probable cause, as this court has held many times.
discussed Cited as authority (verbatim quote) Marcos Turrubiate v. State
Tex. App. · 2012 · signal: see · quote attribution · 1 verbatim quote · confidence high
once the officer detected the odor of marijuana, probable cause existed
discussed Cited as authority (verbatim quote) United States v. Acosta-Talamantez
5th Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
he smell of marihuana alone may be ground enough for a finding of probable cause, as this court has held many times.
discussed Cited as authority (quoted) Diaz v. Maximus Services
5th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
e can affirm the lower court's decision on any grounds supported by the record.
discussed Cited as authority (quoted) United States v. Damon Hall
5th Cir. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
e can affirm the lower court's decision on any grounds supported by the record.
discussed Cited as authority (rule) United States v. Jackson
10th Cir. · 2026 · confidence medium
See United States v. Kizart, 967 F.3d 693, 698 (7th Cir. 2020) (applying “the general rule that the smell of burnt marijuana plus other suspicious activity may provide probable cause for the search of an entire vehicle including its trunk”); United States v. McSween, 53 F.3d 684, 689 (5th Cir. 1995) (concluding that the smell of burnt marijuana and the defendant’s four prior arrests on narcotics charges established probable cause to search the entire vehicle, including the engine compartment).
discussed Cited as authority (rule) Degenhardt v. Bintliff (2×) also: Cited "see"
5th Cir. · 2024 · confidence medium
“It is well settled that warrantless searches of automobiles are permitted by the Fourth Amendment if the officers have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995). 9 Case: 24-40034 Document: 49-1 Page: 10 Date Filed: 09/24/2024 No. 24-40034 As the complaint itself explains, the alcoholic beverages were in plain view of the officers before they opened the door of the vehicle. 7 See United States v. Phillips, 261 F. App’x 740, 741 (per curiam) (5th Cir. 2008) (holding that marijuan…
examined Cited as authority (rule) United States v. Howard (3×) also: Cited "see"
5th Cir. · 2024 · confidence medium
Pursuant to the automobile exception to the warrant requirement, “warrantless searches of automobiles are permitted by the Fourth Amendment if the officers have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995).
cited Cited as authority (rule) United States v. Johnson
5th Cir. · 2023 · confidence medium
See United States v. Ibarra-Sanchez, 199 F.3d 753, 760 (5th Cir. 1999); United States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995).
cited Cited as authority (rule) United States v. Terry
5th Cir. · 2023 · confidence medium
See United States v. Henry, 37 F.4th 173, 176-77 (5th Cir. 2022); United States v. McSween, 53 F.3d 684, 6876 (5th Cir. 1995).
discussed Cited as authority (rule) United States v. Hall
5th Cir. · 2021 · confidence medium
Upon smelling the marijuana, the officer had “additional reasonable suspicion” to detain Hall, United States v. Estrada, 459 F.3d 627, 630-31 (5th Cir. 2006), and probable cause to conduct a warrantless search of the vehicle, United States v. McSween, 53 F.3d 684, 686-87 (5th Cir. 1995).
cited Cited as authority (rule) United States v. Jonathan Beasley
5th Cir. · 2020 · confidence medium
See United States v. Fields, 456 F.3d 519, 523-24 (5th Cir. 2006); United States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995).
discussed Cited as authority (rule) United States v. Kevin Kizart
7th Cir. · 2020 · confidence medium
Cir. 1997) (holding smell of burnt marijuana, plus cigar blunt and clear plastic bag of weed- like material, provided probable cause to believe the vehicle contained contraband which permitted officers to conduct search of vehicle includ- ing the trunk); United States v. McSween, 53 F.3d 684, 687 (5th Cir. 1995) (holding officer’s detection of odor of marijuana justified search of entire vehicle, not just passenger area where police officer was at time he de- tected the smell); United States v. Reed, 882 F.2d 147, 149 (5th Cir. 1989) (“[T]he detection of the odor of [burnt] marihuana justi…
discussed Cited as authority (rule) United States v. Kevin Kizart
7th Cir. · 2020 · confidence medium
Cir. 1997) (holding smell of burnt marijuana, plus cigar blunt and clear plastic bag of weed- like material, provided probable cause to believe the vehicle contained contraband which permitted officers to conduct search of vehicle includ- ing the trunk); United States v. McSween, 53 F.3d 684, 687 (5th Cir. 1995) (holding officer’s detection of odor of marijuana justified search of entire vehicle, not just passenger area where police officer was at time he de- tected the smell); United States v. Reed, 882 F.2d 147, 149 (5th Cir. 1989) (“[T]he detection of the odor of [burnt] marihuana justi…
discussed Cited as authority (rule) United States v. Jose Hernandez
5th Cir. · 2018 · confidence medium
This court has held that general consent to search a vehicle gives an officer authority to a search under the hood of the car, see United States v. McSween, 53 F.3d 684, 688 (5th Cir. 1995), and extends to the vehicle’s components so long as they can be searched without causing damage to the vehicle, see United States v. Garcia, 604 F.3d 186, 190 (5th Cir. 2010); United States v. Flores, 63 F.3d 1342, 1362 (5th Cir. 1995).
discussed Cited as authority (rule) State v. Terri Sanders
Tex. App. · 2017 · confidence medium
United States v. Arvizu, 534 U.S. 266, 273-74 , 122 S.Ct. 744, 750-51 , 151 L.Ed.2d 740 (2002); Texas v. Brown, 460 U.S. 730, 742-43 , 103 S.Ct. 1535, 1543-44 , 75 L.Ed.2d 502 (1983); United States v. McSween, 53 F.3d 684, 686 (5th Cir.), cert. denied, 516 U.S. 874 , 116 S.Ct. 199 , 133 L.Ed.2d 133 (1995); Wiede v. State, 214 S.W.3d 17, 25 (Tex. Crim.
discussed Cited as authority (rule) State v. Terri Sanders
Tex. App. · 2017 · confidence medium
United States v. Arvizu, 534 U.S. 266 , 273–74, 122 S. Ct. 744 , 750–51 (2002); Texas v. Brown, 460 U.S. 730 , 6 • Whether the reasonably trustworthy facts and circumstances within the officer’s knowledge at the scene and of which he had reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable prudence and caution to believe an offense has been or is being committed or the instrumentality of a crime or evidence of a crime will be found; • A review of the totality of all the circumstances (all of the events which occurred leading up to the arrest …
cited Cited as authority (rule) United States v. Albert Craft, Jr.
5th Cir. · 2014 · confidence medium
See United States v. Banuelos-Romero, 597 F.3d 763, 767 (5th Cir.2010); United States v. McSween, 53 F.3d 684, 686 (5th Cir.1995).
discussed Cited as authority (rule) United States v. Ricardo Young, Jr.
5th Cir. · 2013 · confidence medium
“It is well settled that warrantless searches of automobiles are permitted by the Fourth Amendment if the officers have probable cause to believe that the vehicle contains contraband or other evidence of a crime.” United States v. McSween, 53 F.3d 684, 686 (5th Cir.1995). “[T]he smell of mari[j]uana alone may constitute probable cause to search a vehicle”.
discussed Cited as authority (rule) State v. Trevor Reid Long
Tex. App. · 2012 · confidence medium
“But the training, knowledge, and experience of law enforcement officials is taken into consideration.” Id. (citing Arvizu, 534 U.S. at 273 ; Texas v. Brown, 460 U.S. 730, 742 (1983); United States v. McSween, 53 F.3d 684, 686 (5th Cir. 1995); United States v. Clark, 559 F.2d 420, 424 (5th Cir. 1977)).
discussed Cited as authority (rule) State v. Trevor Reid Long
Tex. App. · 2012 · confidence medium
"But the training, knowledge, and experience of law enforcement officials is taken into consideration." Id . (citing Arvizu , 534 U.S. at 273 ; Texas v. Brown , 460 U.S. 730, 742 (1983); United States v. McSween , 53 F.3d 684, 686 (5th Cir. 1995); United States v. Clark , 559 F.2d 420, 424 (5th Cir. 1977)).
cited Cited as authority (rule) United States v. Randall Curry
5th Cir. · 2012 · confidence medium
See Whren v. United States, 517 U.S. 806, 810 , 116 S.Ct. 1769 , 135 L.Ed.2d 89 (1996); United States v. McSween, 53 F.3d 684, 687 (5th Cir.1995).
cited Cited as authority (rule) United States v. Allen
M.D. La. · 2012 · confidence medium
The government relies on United States v. McSween, 53 F.3d 684, 689 (5th Cir.1995), as justification for the officers’ use of the defendant’s past drug investigations to augment their suspicions.
cited Cited as authority (rule) United States v. Lopez
S.D. Miss. · 2011 · confidence medium
United States v. McSween, 53 F.3d 684, 685 (5th Cir.1995). 78 .
discussed Cited as authority (rule) United States v. Percy Green (2×)
5th Cir. · 2010 · confidence medium
United States v. McSween, 53 F.3d 684, 687, n. 3 (5th Cir.1995). 6 .
discussed Cited as authority (rule) United States v. Bobbie Payne, Jr. (2×) also: Cited "see, e.g."
5th Cir. · 2010 · confidence medium
United States v. McSween, 53 F.3d 684, 686 (5th Cir.1995). 4 .
cited Cited as authority (rule) United States v. Pineda
5th Cir. · 2008 · confidence medium
United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995).
discussed Cited as authority (rule) Wilson v. State
Md. Ct. Spec. App. · 2007 · confidence medium
U.S. Court of Appeals for the Fifth Circuit In U.S. v. McSween, 53 F.3d 684, 685 (5th Cir.1995), the driver of a vehicle was stopped by two Texas Department of Public Safety officers for driving in excess of the posted speed limit.
discussed Cited as authority (rule) United States v. Freeman
5th Cir. · 2007 · confidence medium
Interpreting Jimeno, we have whether “the facts available to the officer at noted that “the defendant, as the individual the moment [would] warrant a man of reason- knowing the contents of the [searched area], able caution in the belief that the consenting has the responsibility to limit the scope of the 11 United States v. McSween, 53 F.3d 684, 688 (5th Cir. 1995) (citing United States v. Rich, 992 F.2d 502, 507 (5th Cir. 1993)). 5 party had authority over the premises?” Id. at when it concluded as much.12 188 (ellipses and citations omitted).
cited Cited as authority (rule) United States v. MacUllon Freeman, Also Known as Ted Lewis Brown, United States of America v. Kenneth Anthony Chan
5th Cir. · 2007 · confidence medium
United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995) (citing United States v. Rich, 992 F.2d 502, 507 (5th Cir.1993)). 12 .
discussed Cited as authority (rule) United States v. Malloy
5th Cir. · 2007 · confidence medium
See United States v. Johns, 469 U.S. 478, 484 , 105 S.Ct. 881 , 83 L.Ed.2d 890 (1985) (“There is no requirement that the warrantless search of a vehicle occur contemporaneously with its lawful seizure.”); Michigan v. Thomas, 458 U.S. 259, 260 , 102 S.Ct. 3079 , 73 L.Ed.2d 750 (1982) (“It is thus clear that the justification to conduct ... a warrantless search does not vanish once the car has been immobilized....”); United States v. Ross, 456 U.S. 798 , 807 n. 9, 102 S.Ct. 2157 , 72 L.Ed.2d 572 (1982) (“[I]f an immediate search on the street is permissible without a warrant, a search …
cited Cited as authority (rule) Wiede, David Edwin
Tex. Crim. App. · 2007 · confidence medium
Arvizu , 534 U.S. at 273 ; Texas v. Brown , 460 U.S. 730, 742 (1983); United States v. McSween , 53 F.3d 684, 686 (5th Cir. 1995); United States v. Clark , 559 F.2d 420, 424 (5th Cir. 1977) . 40.
discussed Cited as authority (rule) Wiede v. State
Tex. Crim. App. · 2007 · confidence medium
Arvizu, 534 U.S. at 273 , 122 S.Ct. 744 ; Texas v. Brown, 460 U.S. 730, 742 , 103 S.Ct. 1535 , 75 L.Ed.2d 502 (1983); United States v. McSween, 53 F.3d 684, 686 (5th Cir.1995); United States v. Clark, 559 F.2d 420, 424 (5th Cir.1977). 40 .
discussed Cited as authority (rule) United States v. Jason
5th Cir. · 2006 · confidence medium
Further, "the defendant, as the individual 'knowing the contents of the vehicle,’ has the 'responsibility to.limit the scope of the consent.’ ” Id. (quoting United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995) (citations omitted)).
discussed Cited as authority (rule) United States v. Mendez
5th Cir. · 2005 · confidence medium
United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995) (holding that the defendant’s general consent to search his car gave the officer the authority to search under the hood because the defendant failed to limit the scope of the search).
examined Cited as authority (rule) United States v. Cohen (3×) also: Cited "see"
5th Cir. · 2005 · confidence medium
United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995).
cited Cited as authority (rule) United States v. Facen
5th Cir. · 2005 · confidence medium
See id. at 506-07 ; United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995).
cited Cited as authority (rule) United States v. Cienfuegos-Paz
5th Cir. · 2005 · confidence medium
See United States v. Stewart, 93 F.3d 189, 192 (5th Cir.1996); United States v. McSween, 53 F.3d 684, 688 (5th Cir.), cert. denied, 516 U.S. 874 , 116 S.Ct. 199 , 133 L.Ed.2d 133 (1995).
discussed Cited as authority (rule) David Edwin Wiede v. State
Tex. App. · 2005 · confidence medium
United State v. McSween , 53 F.3d 684, 686 (5th Cir. 1995). "[A] 'trained officer draws inferences and makes deductions . . . that might well elude an untrained person,' and evidence collected 'must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.'" United States v. Reed , 882 F.2d 147, 149 (5th Cir. 1989) (quoting United States v. Cortez , 449 U.S. 411, 418 (1981)).
discussed Cited as authority (rule) David Edwin Wiede v. State
Tex. App. · 2005 · confidence medium
United State v. McSween, 53 F.3d 684, 686 (5th Cir. 1995). “[A] ‘trained officer draws inferences and makes deductions . . . that might well elude an untrained person,’ and evidence collected ‘must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.’” United States v. Reed, 882 F.2d 147, 149 (5th Cir. 1989) (quoting United States v. Cortez, 449 U.S. 411, 418 (1981)).
discussed Cited as authority (rule) Wiede v. State (2×)
Tex. App. · 2005 · confidence medium
United State v. McSween, 53 F.3d 684, 686 (5th Cir.1995). "[A] `trained officer draws inferences and makes deductions... that might well elude an untrained person,' and evidence collected `must be seen and weighed not in terms of library analysis by scholars, but as understood by those versed in the field of law enforcement.'" United States v. Reed, 882 F.2d 147, 149 (5th Cir.1989) (quoting United States v. Cortez, 449 U.S. 411, 418 , 101 S.Ct. 690 , 66 L.Ed.2d 621 (1981)).
cited Cited as authority (rule) United States v. Valerio-Santibanez
5th Cir. · 2003 · confidence medium
See Florida v. Jimeno, 500 U.S. 248 , 111 S.Ct. 1801 , 114 L.Ed.2d 297 (1991); United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995).
discussed Cited as authority (rule) United States v. Mendoza-Gonzalez (2×) also: Cited "see"
5th Cir. · 2003 · confidence medium
As we have stated in the past, “the defendant, as the individual ‘knowing the contents of the vehicle,’ has the ‘responsibility to limit the scope of the consent.’” United States v. McSween, 53 F.3d 684, 688 (5th Cir. 1995)(quoting Rich, 992 F.2d 502, 507 (5th Cir. 1993)).
discussed Cited as authority (rule) United States v. Jose Gerardo Mendoza-Gonzalez (2×) also: Cited "see"
5th Cir. · 2003 · confidence medium
As we have stated in the past, “the defendant, as the individual ‘knowing the contents of the vehicle,’ has the ‘responsibility to limit the scope of the consent.’ ” United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995)(quoting Rich, 992 F.2d 502, 507 (5th Cir.1993)).
discussed Cited as authority (rule) United States v. Huerta
S.D. Ohio · 2002 · confidence medium
See United States v. Townsend, 305 F.3d 537, 544-45 (6th Cir.2002) (agreeing with Government’s proposition that previous arrest of one of the occupants of a vehicle for a weapons offense would contribute to probable cause to search it for weapons); United States v. McSween, 53 F.3d 684, 686 (5th Cir.) (holding that defendant’s prior arrests on narcotics charges contributed to the finding of probable cause to search his vehicle for marijuana), cert. denied, 516 U.S. 874 , 116 S.Ct. 199 , 133 L.Ed.2d 133 (1995); Greenstreet v. County of San Bernardino, 41 F.3d 1306, 1309 (9th Cir.1994) (noti…
cited Cited as authority (rule) United States v. Solis
5th Cir. · 2002 · confidence medium
See United States v. Stewart, 93 F.3d 189, 192 (5th Cir.1996); United States v. McSween, 53 F.3d 684, 687 (5th Cir.1995). 32 .
discussed Cited as authority (rule) United States v. Solis
5th Cir. · 2002 · confidence medium
He may not, however, adopt Favela's argument on appeal because it is necessarily fact-specific See Baptiste, 264 F.3d at 586 n. 6. 10 United States v. Johnson, 91 F.3d 695, 697 (5th Cir.1996) (quoting United States v. Lanza, 260 U.S. 377, 382 , 43 S.Ct. 141 , 67 L.Ed. 314 (1922)). 11 United States v. McKinney, 53 F.3d 664, 676 (5th Cir.1995). 12 Id. 13 United States v. Hunt, 253 F.3d 227, 229-30 (5th Cir.2001). 14 Id. at 230 . 15 United States v. Gonzales, 121 F.3d 928, 938 (5th Cir.1997). 16 Id. 17 United States v. Wilson, 36 F.3d 1298, 1304 (5th Cir.1994). 18 United States v. Hernandez-Zunig…
discussed Cited as authority (rule) United States v. Garcia (2×) also: Cited "see"
5th Cir. · 2002 · confidence medium
Id. at 506-07 ; United States v. McSween, 53 F.3d 684, 688 (5th Cir. 1995); United States v. Petty, 601 F.2d 883, 899-90 (5th Cir. 1979); Mason v. Pulliam, 557 F.2d 426, 428-29 (5th Cir. 1977); see also United States v. Gonzalez-Basulto, 898 F.2d 1011, 1012-13 (5th Cir. 1990).
discussed Cited as authority (rule) United States v. Williams
S.D.N.Y. · 2001 · confidence medium
Cf. United States v. Glover, 104 F.3d 1570, 1584 (10th *285 Cir.1997) (consent to search house voluntary where defendant gave house keys to officer); United States v. McSween, 53 F.3d 684, 688 (5th Cir.1995) (consent to search car voluntary where defendant helped officer remove interior paneling in car’s hatchback).
Retrieving the full opinion text from the archive…
GARWOOD, Circuit Judge:

Defendant-appellant Gerry Carlyle McSween (McSween) appeals his conviction on a conditional plea of guilty to possession with intent to distribute crack cocaine after the district court denied his motion to suppress the drugs recovered from under the hood of his car. We affirm.

Facts and Proceedings Below

On February 26, 1994, Texas Department of Public Safety Officers Ralph Billings (Billings) and Larry Price (Price) stopped McSween for driving 87 mph in a 65-mph zone. As Price conducted a computer check, Billings began to write a speeding ticket. Noticing a cellular phone and radar detector in the car’s interior, Billings asked McSween if he could look in the car and trunk. McSween consented, and Billings opened the hatchback. McSween then helped Billings remove, with screwdrivers, the hatchback’s interior panels.

Meanwhile, Price had completed his computer check, which indicated that McSween had four prior arrests on narcotics charges. After informing Billings of McSween’s record, Price moved to the car’s passenger side and asked McSween if he had any objection to his searching the vehicle. McSween consented. While searching the passenger area, Price noticed the smell of burnt marihuana, which he at first suspected was emanating from the ashtray. Finding no drugs in the ashtray or passenger area, Price opened the hood and noticed a red rag sticking out of a hole in the car’s fire wall. Price removed the rag and saw in the hole what appeared to be a brown plastic bag. Fingering the bag, Price concluded that it felt like it contained a[*686] “small bale” of marihuana. Price then replaced the rag and arrested McSween. After the car was impounded, troopers inspected the hole and found a bag of marihuana and a shoulder sling of crack cocaine.

A grand jury indictment returned March 8, 1994, charged McSween with possession with intent to distribute 50 or more grams of crack cocaine in violation of 21 U.S.C. § 841(a)(1). McSween moved to suppress the evidence seized from his car, arguing that the officers lacked probable cause and exceeded the scope of his consent. After a suppression hearing, at which McSween did not testify, the district court denied the motion, concluding that the initial stop was justified, that McSween’s consent to search was voluntary and the search within its scope, and that the subsequent arrest was supported by probable cause. Thereafter, on May 19,1994, McSween entered a conditional plea of guilty, preserving the suppression issue for appeal. Fed.R.Crim.P. 11(a)(2). The district court sentenced McSween to 136 months in prison and 5 years of supervised release. McSween now appeals.

Discussion

McSween argues that the district court erred in denying his motion to suppress because there was neither probable cause nor consent to search under the hood of his vehicle, nor probable cause to arrest him. Viewing the evidence in the light most favorable to the government, the prevailing party, United States v. Maldonado, 735 F.2d 809, 814 (5th Cir.1984), we hold that Price had both probable cause and consent to search the area under the hood of McSween’s vehicle. See United States v. Sutton, 850 F.2d 1083, 1085 (5th Cir.1988) (either consent or probable cause may independently support a warrantless vehicle search). We further hold that the officers had probable cause to arrest McSween and to perform a subsequent war-rantless search of the car after it was impounded.

I. Probable Cause for the Search

It is well settled that warrantless searches of automobiles are permitted by the Fourth Amendment if the officers have probable cause to believe that the vehicle contains contraband or other evidence of a crime. See United States v. Ross, 456 U.S. 798, 809-10, 102 S.Ct. 2157, 2164-65, 72 L.Ed.2d 572 (1982); United States v. Buchner, 7 F.3d 1149, 1154 (5th Cir.1993), cert. denied, - U.S. -, 114 S.Ct. 1331, 127 L.Ed.2d 378 (1994); United States v. Kelly, 961 F.2d 524, 527 (5th Cir.1992). Whether an officer has probable cause to search a vehicle depends on the totality of the circumstances viewed “in light of the observations, knowledge, and training of the law enforcement officers involved in the warrantless search.” United States v. Muniz-Melchor, 894 F.2d 1430, 1438 (5th Cir.), cert. denied, 495 U.S. 923, 110 S.Ct. 1957, 109 L.Ed.2d 319 (1990).

It is undisputed that Price had MeSween’s consent to search inside the passenger compartment of McSween’s new rental car. At the suppression hearing, Price testified that, when he entered the car, he noticed “the odor of what I thought was burned marijuana.” Price testified that he based this conclusion on his twenty-two years of experience and training in the detection of marihuana by its odor. He further testified that the smell appeared to be coming from the ashtray, but he discovered nothing there or anywhere else inside the vehicle’s passenger compartment. He then decided to look under the hood. At this point, Price had smelled but not located marihuana and knew of McSween’s four prior arrests on narcotics charges. [1] Together these facts, viewed in light of Price’s experience, justify a finding of probable cause to search the entire vehicle. Indeed, the smell of marihuana alone may be ground enough for a finding of probable cause, as this Court has held many times. See, e.g., United States v. Reed, 882 F.2d 147, 149 (5th Cir.1989) (the officer’s detection of marihuana “in itself ... justified the subse[*687] quent search of [the defendant’s] vehicle”); United States v. Henke, 775 F.2d 641, 645 (5th Cir.1985) (“Once the officer smelled the marijuana, he had probable cause to search the vehicle.”); United States v. Gordon, 722 F.2d 112, 114 (5th Cir.1983) (same); United States v. McLaughlin, 578 F.2d 1180, 1183 (5th Cir.1978) (same).

McSween contends that, even if the odor of marihuana gave Price probable cause to search, the search should have been limited to the passenger area, where Price detected the smell. We disagree. It is well settled that, in a case such as this, the detection of the odor of marihuana justifies “a search of the entire vehicle.” Reed, 882 F.2d at 149. As the Supreme Court stated in Ross, “If probable cause justifies the search of a lawfully stopped vehicle, it justifies the search of every part of the vehicle and its contents that may conceal the object of the search.” 456 U.S. at 825, 102 S.Ct. at 2173. See also United States v. Johns, 469 U.S. 478, 482, 105 S.Ct. 881, 884, 83 L.Ed.2d 890 (1985). The Court further observed that, if there is probable cause to suspect that the vehicle contains contraband, then the search may extend not only to closed containers, but also to a “car’s trunk or glove compartment.” Ross, 456 U.S. at 823, 102 S.Ct. at 2172. The same reasoning applies to the area under the hood, where drugs may also be concealed. [2] We therefore reject McSween’s contention that Price lacked probable cause to search under the hood of his rental ear. [3]

II. Consent for the Search

In the alternative, we agree with the district court that the search under the hood was within the scope of McSween’s consent. Under the Fourth Amendment, “[t]he standard for measuring the scope of a suspect’s consent ... is that of ‘objective’ reasonableness- — what would the typical reasonable person have understood by the exchange between the officer and the suspect?” Florida v. Jimeno, 500 U.S. 248, 251, 111 S.Ct. 1801, 1803-04, 114 L.Ed.2d 297 (1991). McSween argues that his consent to search should be construed to extend only to the trunk and passenger areas and not to the area under the hood. [4] In his brief, McSween contends that the troopers’ words — their requests to “look in” the car and trunk — would indicate to á reasonable person that the search was so limited. At oral argument, however, McSween conceded that he did not draw a distinction between a request to “look in” a car and one to “search” it.

Viewing the testimony at the suppression hearing in the light most favorable to the government, we conclude that Price asked[*688] McSween for general permission to search his vehicle. Price testified, “I asked ... if ... [McSween] had any objection of [sic] me searching his vehicle.” Asked then if that was “more or less the language ... used,” Price responded, “Yes.” Even if Price actually asked to “look in” McSween’s vehicle, we would still conclude that in these circumstances Price effectively asked for a general consent to search. In United States v. Crain, 33 F.3d 480 (5th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1142, 130 L.Ed.2d 1102 (1995), this Court held “that an individual’s consent to an officer’s request to ‘look inside’ his vehicle is equivalent to general consent to search the vehicle and its contents.... ” Id. at 484; see also Rich, 992 F.2d at 506. We therefore conclude that Price asked for and received from McSween general consent to search the vehicle.

The question, then, is whether it was reasonable to interpret McSween’s general oral consent to search the car as authority to search under the hood. Although-the “scope of a search is generally defined by its expressed object,” Jimeno, 500 U.S. at 251, 111 S.Ct. at 1804, the officers here never told McSween the purpose of their search. The failure to specify the object of the search, however, is not dispositive if the circumstances could otherwise lead a reasonable person to conclude that the search might include the area under the hood. In Crain, the defendant argued that, because the officers never indicated the purpose of their search, an objectively reasonable person would not consider their consent to include the opening of a “closed paper bag shoved under the [car’s] seat.” 33 F.3d at 484. Rejecting this argument, we held that a general consent to search a car includes consent to open a paper bag inside it, at least when the defendant does not attempt to limit the scope of the search. Id.; accord United States v. Snow, 44 F.3d 133, 135 (2d Cir.1995). As in Crain, although the officers here made a general request for a search without identifying their objective, McSween never objected to the scope of the search. [5]

In such circumstances, a failure to object to the breadth of the search is properly considered “an indication that the search was within the scope of the initial consent.” United States v. Cannon, 29 F.3d 472, 477 (9th Cir.1994) (citation and internal quotation marks omitted). As this Court stated in Rich, the defendant, as the individual “knowing the contents of the vehicle,” has the “responsibility to limit the scope of the consent.” Rich, 992 F.2d at 507. Because McSween knew at the time of the search what the fire wall hid, he should have limited his consent, “if he deemed it necessary to do so,” id., to clarify any ambiguity from which he now seeks to benefit. Further supporting this conclusion is the fact that McSween gave Price his consent after helping Billings remove interior panelling in the hatchback. This sort of behavior could indicate to a reasonable officer that McSween meant to consent to more than a superficial search of his vehicle. [6]

[*689] In United States v. Sierra-Hernandez, 581 F.2d 760 (9th Cir.), cert. denied, 439 U.S. 936, 99 S.Ct. 333, 58 L.Ed.2d 333 (1978), the Ninth Circuit confronted a factually indistinguishable situation. There, the defendant gave the officer permission to “look inside” his truck. After searching the truck’s cab and cargo areas, the officer opened the hood and found marihuana. In his motion to suppress, the defendant argued that the officer exceeded the scope of his consent when he opened the hood. The district court denied the motion, and the Ninth Circuit affirmed. The court determined that the defendant’s permission to search both the cab and cargo areas, combined with his failure to object to the continuation of the search under the hood, made the evidence admissible. [7] We believe the same result should obtain here.

III. Probable Cause for the Arrest and Subsequent Search

McSween next argues that the officers lacked probable cause to arrest him, impound the vehicle, and conduct a further search. McSween claims that the cocaine should be suppressed “because the only thing that was determined during the ... search on the highway was that there was an object wrapped in plastic in the hole under the hood.” An officer has probable cause for an arrest when “the facts and circumstances within the knowledge of the arresting officer are sufficient to cause a person of reasonable caution to believe that an offense has been or is being committed.” United States v. Walker, 960 F.2d 409, 416 (5th Cir.), cert. denied, - U.S. -, 113 S.Ct. 443, 121 L.Ed.2d 362 (1992). With the knowledge that McSween had four prior arrests on narcotics charges and that the interior of his car smelled of burnt marihuana, Price opened the hood and found a plastic bag hidden behind a rag in the fire wall of a new rental ear. [8] Price testified that, after touching the bag and looking at it, he concluded that, based on his experience, it “felt” like it contained a “small bale” of marihuana. Given these circumstances, Price had probable cause for the arrest.

Finally, we must reject McSween’s suggestion that, even if the arrest and initial search were supported by probable cause, the second search of the ear at the sheriffs office, where the cocaine was discovered, required a warrant. If probable cause justified a warrantless search on the roadside, it likewise justified one at the station after the car was impounded. See Ross, 456 U.S. at 807 n. 9, 102 S.Ct. at 2163-64 n. 9 (“[I]f an immediate search on the street is permissible without a warrant, a search soon thereafter at the police station is permissible if the vehicle is impounded.”).

Conclusion

For the foregoing reasons, the judgment of the district court is

AFFIRMED.

1

. Also, though of at most entirely minimal relevance, McSween had a cellular phone and radar detector.

2

.This is simply not a case such as United States v. Chadwick, 433 U.S. 1, 97 S.Ct. 2476, 53 L.Ed.2d 538 (1977), or Arkansas v. Sanders, 442 U.S. 753, 99 S.Ct. 2586, 61 L.Ed.2d 235 (1979), in which the officers had probable cause to believe that narcotics were stowed in a particular container (a footlocker in Chadwick, a green suitcase in Sanders) but did not have probable cause to search the automobiles in which the containers were later placed:

“[l]t was the luggage being transported by respondent at the time of the arrest, not the automobile in which it was being carried, that was the suspected locus of the contraband. The relationship between the automobile and the contraband was purely coincidental, as in Chadwick," Ross, 456 U.S. at 813, 102 S.Ct. at 2167 (quoting Sanders, 442 U.S. at 765, 99 S.Ct. at 2594 (Burger, C.J., concurring)).

In Ross, the Supreme Court clearly limited these two cases to their facts, Ross, 456 U.S. at 809-15, 823, 102 S.Ct. at 2165-67, 2172, and overruled an earlier plurality opinion in Robbins v. California, 453 U.S. 420, 101 S.Ct. 2841, 69 L.Ed.2d 744 (1981), as an incorrectly broad interpretation of them.

3

. Although the district court rested, the constitutionality of the warrantless search on McSween's consent, we can affirm the lower court’s decision on any grounds supported by the record. Bramblett v. Commissioner of Internal Revenue, 960 F.2d 526, 530 (5th Cir.1992). On the facts as found by the district court (or established without dispute in the record), the question of probable cause is a question of law. See Blackwell v. Barton, 34 F.3d 298, 305 (5th Cir.1994).

4

. McSween does not contest the district court’s finding that the consent in this case was voluntary. Nor does McSween challenge any other factual findings made by the district court. The only remaining question, the scope of consent, is considered a question of law in this Circuit and is, accordingly, reviewed de novo. United States v. Rich, 992 F.2d 502, 505 (5th Cir.), cert. denied, - U.S. -, 114 S.Ct. 348, 126 L.Ed.2d 312 (1993).

5

. McSween did not testify at the suppression hearing. Defense counsel, however, suggested that it may have been difficult for McSween to object because of the speed and obscurity of the search. The district court did not clearly err in finding this suggestion incredible, especially as counsel’s claim is pure hypothesis. The only evidence at the hearing related to this claim supports the district court's finding. Billings, who was standing with McSween at the rear of the vehicle during Price’s search, testified that he was aware Price had opened the hood and was searching that area. In any event, as we stated in Rich, ”[W]e are unwilling to read Jimeno to hold ... that enforcement officials must conduct all searches in plain view of the suspect, and in a maimer slowly enough that he may withdraw or delimit his consent at any time during the search.” Rich, 992 F.2d at 507.

6

. This case is not one in which the officers interpret a general consent to search the vehicle as authority to inflict damage on the vehicle or its contents. United States v. Strickland, 902 F.2d 937, 941-42 (11th Cir.1990); cf. Jimeno, 500 U.S. at 252, 111 S.Ct. at 1804 (“It is very unreasonable to think that a suspect, by consenting to[*689] the search of his trunk, has agreed to the breaking open of a locked briefcase within the trunk, but it is otherwise with respect to a closed paper bag.”).

7

. McSween attempts to distinguish this case by arguing that here there were circumstances that would make a reasonable officer realize the “initial consent” was limited. As pointed out earlier, however, the consent given in this case authorized a general search of the car.

8

. When asked whether he thought there was anything unusual about a rag sticking out of a fire wall, Price testified, "A brand-new vehicle like that, a rental car, it was unusual that you would see a rag stuffed in behind there, I felt it was.”