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Drug Dogs

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H

HelpUsPlease

Guest
What is the name of your state? Multiple

Let's say I'm driving on the interstate with approx. 10,000 hits of X in a compartment in my vehicle and the police stop me. They ask to search the car, I say no, and they tell me that they are detaining me while they wait for a canine unit to arrive to search the vehicle.

Is this legal? I read a news article recently that said it wasn't. Would it be ok to just speed off or should I let them discover the drugs and get the discovery thrown out in court later? If the search was totally illegal would they still get to keep the drugs or would I have some way of getting them back?

Please advise, Thanks!
 


HomeGuru

Senior Member
HelpUsPlease said:
What is the name of your state? Multiple

Let's say I'm driving on the interstate with approx. 10,000 hits of X in a compartment in my vehicle and the police stop me. They ask to search the car, I say no, and they tell me that they are detaining me while they wait for a canine unit to arrive to search the vehicle.

Is this legal? I read a news article recently that said it wasn't. Would it be ok to just speed off or should I let them discover the drugs and get the discovery thrown out in court later? If the search was totally illegal would they still get to keep the drugs or would I have some way of getting them back?

Please advise, Thanks!
**A: this is a joke right?
 
H

hexeliebe

Guest
We have the first entry (and perhaps the winner) of the "Stupidest Post of 2003"....
 

dequeendistress

Senior Member
Where is the smilie with the eyes bugging out?

I am at a loss for words...distressed

OMG

Helpus, do you still have a license and do you operate a motor vehicle?

Please post your next estimated departure time and route of travel.
 
H

HelpUsPlease

Guest
Why are you all jumping on the bandwagon of calling my post fake, etc. I just want to know what to do if I am stopped during transport.

Isn't this a legal advice forum? Thanks!
 
H

hexeliebe

Guest
O.K. here you go.

No, this is not an illegal search. You can be detained for questioning and investigation and during that time the dog can be sniffing around your car. IF the dog reacts then that is probable cause that drugs are in the car and is all the police need to search without a warrant.

As for getting the drugs back, that's just so damn stupid that it's not worth an answer.
 
H

HelpUsPlease

Guest
What I'm saying is if the officer that pulls me over stops me for a traffic stop does have have a right to detain me while he waits for the canine unit to arrive? What if there is no other probable cause to hold me there besides the traffic violation?

I thought that if the officer was only stopping you for traffic and found no other probable cause to hold you, he could only keep you there as long as is reasonably necessary to verify your identity, check for outstanding warrants, and issue the citation.

Thanks for your help!
 
H

HelpUsPlease

Guest
And I know my question about whether or not you get the drugs back probably sounds stupid on its face ... but think about it:

If the police unlawfully detain you and the search and all the evidence found in the search is thrown out, the charges are dismissed, shouldn't they be forced to make you whole again? That's a lot of tabs for them to just keep or destroy. But then I also think if they gave them back, you'd have a hard time picking them up because the moment you did they could charge you with possession. So I guess you'd have to sue them for the money the drugs were worth? No?


Thanks!!!
 
H

hexeliebe

Guest
If the police unlawfully detain you and the search and all the evidence found in the search is thrown out, the charges are dismissed, shouldn't they be forced to make you whole again? That's a lot of tabs for them to just keep or destroy. But then I also think if they gave them back, you'd have a hard time picking them up because the moment you did they could charge you with possession. So I guess you'd have to sue them for the money the drugs were worth? No?
O.K. I tried to be serious with you and now you're being completely STUPID.

You cannot sue to recover an illegal transaction. Go take a contracts law course. Or better still, since I'm the only one that tried to be serious with you I'm also the one that's going to exercise my right to free speach.

Oh, nevermind. it's not worth the effort.
 
H

HelpUsPlease

Guest
But the point is that the police had no right to sieze the contraband because they had no right to discover it in the first place.

Do you think I would be able to sue only for what they are worth in that quantity ($30,000) or the opportunity cost ($200,000) of what they would be worth at their destination once broken up?
 
H

HelpUsPlease

Guest
Here's a link to the article I was telling you about:

http://www.mapinc.org/safe/v03/n1856/a09.html

You know you guys don't have to be so harsh. We all have a job to do, a way we need to make money and sometimes we need legal advice. Especially in this type of profession. So this is what this place is built for, right?


Thanks!
 
H

HelpUsPlease

Guest
HomeGuru said:
Oh brother, this thread is getting from bad to worse.

I agree! I wish people would tell me how to handle the cop at the scene and what to do afterwards regarding my damages.
 

HomeGuru

Senior Member
HelpUsPlease said:
Here's a link to the article I was telling you about:

http://www.mapinc.org/safe/v03/n1856/a09.html

You know you guys don't have to be so harsh. We all have a job to do, a way we need to make money and sometimes we need legal advice. Especially in this type of profession. So this is what this place is built for, right?


Thanks!
**A: so you want us to give you legal advice to help you get your illegal drugs back? Now that is too funny.
We don't help idiotic criminals.
 

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