Probable Cause

[IceMan2005]

What is the name of your state? Texas. Does an officer have an articulated probable cause to search or detain because a suspect is “nervous” and "lies” during a traffic stop? If the officer believes and clams to have probable cause why would consent to search be needed? How does a K9 unit give cause to search? If consent to search one area of the vehicle is giving and no evidence is found, can other parts of the vehicle be searched?

[CdwJava]

Originally Posted by IceMan2005

What is the name of your state? Texas. Does an officer have an articulated probable cause to search or detain because a suspect is “nervous” and "lies” during a traffic stop? If the officer believes and clams to have probable cause why would consent to search be needed? How does a K9 unit give cause to search? If consent to search one area of the vehicle is giving and no evidence is found, can other parts of the vehicle be searched?

Nervousness and lying can be elements that help to establish probable cause, but they are not - by themselves - good cause to conduct a search.

A dog alerting to the odor of a controlled substance is almost always going to give good cause to make a search of the vehicle.

And we almost always ask for consent even if we have cause simply because it is polite AND it helps to double the search authority if it goes to court.

- Carl

[IceMan2005]

Texas: Thank you for your reply CdwJava. I would like to further ask; a dog that did NOT alert to the odor of a controlled substance and the vehicle was surched anyway, is there any cause for aquital? Thank you...

[CdwJava]

Originally Posted by IceMan2005

Texas: Thank you for your reply CdwJava. I would like to further ask; a dog that did NOT alert to the odor of a controlled substance and the vehicle was surched anyway, is there any cause for aquital? Thank you...

It depends on what other cause the officer can articulate. If he had some other good reason to believe there were drugs on baord, then he might have good cause. Whatever the reason, your attorney would be in the best position to evaluate the circumstances.

- Carl