illegal search? charged with felony possesion of marijuana

[benr319]

What is the name of your state? Wyoming

This summer I was on a road trip with a friend. We were traveling through Wyoming and were pulled over for allegedly speeding. When I was asked for license, registration, and insurance I handed the officer my license and proceeded to look for the other items. The officer told me to come to his vehicle when I found them. I entered his vehicle and told him I could not find them. After a brief questioning as to our travels he told me he was issuing me a warning and told me I was free to go. As I began walking toward my vehicle the officer got out and asked me if he could ask me some more questions. I said yes and he asked me if he could search the vehicle. I declined and he asked me if he could run a drug dog around the vehicle. I declined again and he did it anyway. When he ran the dog around the car it smelled the passenger window and sat, he said it indicated that the dog smelled something and said he was going to search the vehicle. Upon searching the vehicle he found nothing so he proceeded to search the trunk where he found marijuana in one of my friends bags.

My question is wouldn't this constitute an illegal search as I had already been told I was free to go for the reason I had been stopped? Also I declined consent to search, declined consent for the dog, the dog smelled something in the cabin, and there was nothing found in it. As well as the fact that there was no probable cause or warrant to search the trunk.

 

[The Occultist]

Legally speaking, you cannot actually refuse a search from a K-9 unit. Sorry.

You don't know whether or not there was probable cause. The officer may have made some observations that compelled him to conduct the search. A warrant was not needed.

 

[HomeGuru]

What is the name of your state? Wyoming

This summer I was on a road trip with a friend. We were traveling through Wyoming and were pulled over for allegedly speeding. When I was asked for license, registration, and insurance I handed the officer my license and proceeded to look for the other items. The officer told me to come to his vehicle when I found them. I entered his vehicle and told him I could not find them. After a brief questioning as to our travels he told me he was issuing me a warning and told me I was free to go. As I began walking toward my vehicle the officer got out and asked me if he could ask me some more questions. I said yes and he asked me if he could search the vehicle. I declined and he asked me if he could run a drug dog around the vehicle. I declined again and he did it anyway. When he ran the dog around the car it smelled the passenger window and sat, he said it indicated that the dog smelled something and said he was going to search the vehicle. Upon searching the vehicle he found nothing so he proceeded to search the trunk where he found marijuana in one of my friends bags.

My question is wouldn't this constitute an illegal search as I had already been told I was free to go for the reason I had been stopped? Also I declined consent to search, declined consent for the dog, the dog smelled something in the cabin, and there was nothing found in it. As well as the fact that there was no probable cause or warrant to search the trunk.

**A: did you ever tell the dog to stop the search at any time?

 

[CdwJava]

The USSC has ruled that running a dog around the outside of the car does not constitute a search. if the dog alerted outside, then that might have been sufficient cause for a more intrusive search.

It is possible that the detention was too long, but since you were apparently free to go you could have left at any time. The fact that you remained could be construed as consent on your part.

- Carl