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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 07-16-2002, 01:26 AM
eyefultim
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canine searches


California, After refueling in a gas station, officer approached me in passenger seat and began asking questions as to what I was doing in the area, where I came from, etc. etc. I was then asked for id, and he stated I appeared awfully nervous and wondered what I was on. Couple more questions were asked referring to drug traffic in the area which I informed him I had no knowledge of. He then asked if I had a problem with him searching the car,
as with all my other responses I queryed if there was a problem,
and no I had a sleeping child in vehicle. Upon declining his request another officer who had arrived few minutes earlier began walking the dog around the exterior of my truck. After several trips around he states the dog gave him a signal at the back of the truck and passenger door. Dog was put in back of truck to search, and inside truck. Found nothing. Upon their trashing of the interior they found a small amount, of marijuana and a baggy that had remains of crank. Through this entire search they were insistent we were carrying pot, and were visably agitated when unable to locate. I was threatened with never seeing the child again. My husband was also interrogated
and threatened . The horror goes further, but how could this search with no stated probable cause even stated in arrest report
be legal?
  #2  
Old 07-16-2002, 07:57 AM
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Join Date: Mar 2001
Posts: 403
I'm going to try to answer this, but your story is a little sketchy.

First of all, there are MANY things that tip officers off. And while I could tell you some of them, I won't, because I never know who might read this. I have no idea where you were, or why the officers were there, or what may have happened prior to their approach of your car.

Now, that being said, apparently from what you say the officer said to you, it was a location known for drug activity. It is common, if an officer suspects drugs, and you refuse a search of your vehicle, to let the K-9 walk around. These are highly trained animals, and can detect even small amounts of a drug. Thus, the K-9 officer alerted to your drugs. Once alerted, they had cause enough to search.

So, now, you're really not in the position to be crying foul are you? You did have drugs in your vehicle and in the company of your minor child. Your concern should now be on retaining an attorney and not on the officers' search of your vehicle.

Last edited by Rochelle; 07-16-2002 at 08:02 AM.
  #3  
Old 07-16-2002, 12:55 PM
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Join Date: Mar 2001
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plifter/bomber/immigrant......I see you realized IAAL was too much for you so now you want to impersonate me.
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