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search & seizure

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palm

Guest
I live in florida and i got pulled over at one of those traffic stops( like when they stop every third car) and i didn't see where they were pulling everyone over. you had to make a hard right turn and it was about 9:30 at night so I made a u-turn. When they were checking my license, they asked if they could have the dogs search my car. I didn't know what would happen of i said no ,so i said yes. The dog did not find anything in my vehicle. Then they had the dog sniff me when he got out of the car ( which I did not consent to) and i had 2 grams of marijuana on me. I was not arrested but i was charged with possession. Was this a legal search? Did they ave probable cause? The evidence was not in plain sight. Can the evidence be suppressed?
 


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palm

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by palm:
I live in florida and i got pulled over at one of those traffic stops( like when they stop every third car) and i didn't see where they were pulling everyone over. you had to make a hard right turn and it was about 9:30 at night so I made a u-turn. When they were checking my license, they asked if they could have the dogs search my car. I didn't know what would happen of i said no ,so i said yes. The dog did not find anything in my vehicle. Then they had the dog sniff me when he got out of the car ( which I did not consent to) and i had 2 grams of marijuana on me. I was not arrested but i was charged with possession. Was this a legal search? Did they ave probable cause? The evidence was not in plain sight. Can the evidence be suppressed?<HR></BLOCKQUOTE>

 
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lawrat

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

You need an attorney to get this cleared and dismissed. You gave them consent to search your car, but you did not give them consent to search you. Unless they had reasonable suspicion to believe you were carrying a weapon, they could not search you without a warrant. This is true even in the case of stops like this.

I hope this helps.
 

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