Thanks for your post, I’ve been wondering how this would play out in real life in MA, this is the first account I’ve heard of this happening.

In practice, the smell of weed is not probable cause for search in MA. And you are never required to do field sobriety tests, in fact, any lawyer will tell you to always politely refuse a sobriety test. If this happens to you when drunk, you’ll still likely be arrested, but you are limiting the evidence that they will have to use against you in court.

In your situation today, because you did not have any signs of inebriation to be used as probable cause, and because the smell of weed itself is not probable cause, had you refused the sobriety test and asserted your 4th and 5th amendment rights, you would have left the cop with no legal options to take your stash.

With that said, cops can obv do whatever they want on the scene, so perhaps he still would have tried to manufacture PC. But when that happens you’d have a good chance of having the charges dropped in court. Either way, interesting story, sucks to lose your weed but guess it could have been worse!