Canine Search for Failure to Make a Complete Stop?!!!

On 3/12/01 I was stopped for failure to make a complete stop at a stop sign by two undercover cops in Hollister, CA. Immediately, they asked if there was narcotics in the vehicle. I replied no. They asked if I was on parole or probation - no! I informed them that I had just recently been granted a "Certificate of Rehabilitation" from the courts. I have 9 years clean and sober. They informed me they were bringing a canine to search. The male dog went once around the car and on the second time the officer tapped my back right fender and the dog put his front paws on my trunk. (By the way my female dog who was in heat at the time was in the back seat of my car!) My passenger who uses an alias because she claims she had a warrant and my 13 year old daughter and I stood on the sidewalk while they searched my car. One officer ordered me to open my trunk upon which he pulled out a backpack that contained 1/2 of a marijuana joint, a glass pipe, and a little plastic scale that had some white residue in it. They asked if it was mine - no - I hadn't seen it before - my passenger also replied no. I was arrested and charged with possesion of a controlled substance, paraphanellia (sp?) and possesion of marijuana. My car was towed and stored and my daughter was released to my passenger. One of the officers wrote the alias name, address and date of birth of my passenger on the back of my proof of insurance. Bail was set at $11,0000. There was nothing in my car or about my or my passengers behavior that indicated there was drugs. I do believe the backpack belonged to my passenger. What gives them the right to bring a canine and search my vehicle for failing to make a complete stop? and by two undercover cops? I have been told by other locals that they have had the canine brought for minor traffic violations such as speeding and failure to use a turn signal!!

If they reasonable and articulable suspicion that you had drug paraphanalia in the car after a legitimate traffic stop, they can search your car -- everywhere. Your car, drugs in your car = your drugs until you prove otherwise.


You didn't have to answer his questions, you should have just gotten your ticket and not said anything.
____________________________________________________________
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Also, the police do not need probable cause or a warrant to do a canine search because a dog sniff is not considered a "search" under the Fourth Amendment.

Calatty is correct. Just like police running a search on your plates, you do not have a reasonable expectation of privacy to a search of the exterior (by a dog), which may then lead to a search of the interior.

no answers

cops queries do not have to be answered when they stop you for traffic violation?

watchereye: no, a cop's queries do not have to be answered. I'm sure you've seen all the cop shows when they read people their rights, ...you have the right to remain silent....

and actually, miranda rights do not have to be read until you are in custody and under interrogation (police conduct designed to illicit incriminating evidence).

??

thanks both of you, lawrat and mary ray, say, can cops lie to try to get answers and do it with impunity?

I just wanted to thank everyone for their advice, I appreciate the time and effort you took to help me understand exactly what my rights were. The D.A. has never filed charges. I'm under the assumption that they have a year to file. Since that arrest my children and I have been harrassed by our local "law?" officials to the point that I am seeking legal action. I believe this all stems from an appeal my 23 year old son won after 3 years of "the good ol'boy" system we have here in Hollister. Now that our population has been the fastest growing in CA, hopefully these "good ol'boys" will adhere to the laws of our state!

Thank You - once again!

mary ray said:

watchereye: no, a cop's queries do not have to be answered. I'm sure you've seen all the cop shows when they read people their rights, ...you have the right to remain silent....

Click to expand...

I understand that I have the right to remain silent. Just exactly what info do I have to give to an officer? Either way, these guys were out to make their "quota" for the day. Actually, anyone who has been thru anything like this understands "the power of the BADGE" I guess on this particular day these two officers couldn't carry the weight of their "BADGES" as the D.A. has never filed charges against me. I believe they have a year to do so.

Thank you for your advice and time!!