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H

Hotboy

Guest
if you get pulled over, and you refuse to give consent of search, are the officers within the law if they bring in a K-9 unit and let the dog sniff the car out? How can they do this if you refuse concent to search?
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Pulled over for what?



CAN A POLICE OFFICER SEARCH MY CAR WHEN I AM STOPPED FOR SPEEDING?
Generally, no. However, due to the mobility of cars, time does not permit a search warrant to be obtained. As a result, vigilant police are motivated to search suspicious automobiles. However, the police officer must have probable cause to believe that contraband is concealed somewhere.

In essence, merely being stopped for speeding should not allow the officer to search your car; however, if the officer saw you throw an empty beer can out the window, that may be sufficient probable cause to search your car. Or, if the officer smells marijuana as he approaches the car, he may have an articulable suspicion to search.

It is unreasonable to make a search of an automobile when the arrest is for a minor traffic violation (like speeding), as a subterfuge for a search for evidence of a serious crime. Yet, the many automobile exceptions are based on the lower expectation to the right of privacy in a car versus a home and the fact that cars are mobile and evidence can be more readily disposed.


I GOT STOPPED BY A TRAFFIC COP FOR A BUSTED TAIL LIGHT AND THEN, WITHOUT MY PERMISSION, HE SEARCHED MY CAR AND FOUND SOME POT IN THE TRUNK. AT THE HEARING HE SAID HE KNEW I HAD DRUGS BECAUSE HE SAW SEEDS ON THE FLOOR AND THEY WERE IN "PLAIN VIEW", BUT THE DRUGS IN THE TRUNK WEREN’T. CAN A LAWYER GET THE DRUGS EXCLUDED FROM EVIDENCE AS ILLEGALLY SEIZED?
Not if you assume the fact that he did see the seeds. That would give him "probable cause" to search for drugs elsewhere. But did he seize any seeds from the floor to mark into evidence? Do you dispute his claim that there were seeds on the floor? If so, your lawyer might attack his testimony on the lack of physical evidence. In addition, there is the issue of whether you KNEW the drugs were in the trunk. You should see a lawyer. Any drug case has many issues that can determine whether you get convicted or the case dismissed.



All taken from the freeadvice.com homepage, under criminal
law: arrests and searches.
 

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