illegal search

[billy]

Some friends and I were camping at a National Park in Kentucky. A park ranger with a drug dog approached our site, saying that our fire was to close to a trail. He padded my jacket pocket and then reached in a pulled out a small pot pipe. I did not see him pull the pipe out. He then told us he knew there was marijuana at our campsite and that if we surrendered it we would only get a citation and a fine. We complied and handed over our pot and then he pulled my pipe from his pocket and asked if I was looking for this. Was this a legal search and seizure? Can this case get thrown out.
thanks

 

[Attorney_Replogle]

Based on what you say it may well have been a valid search of your person by the federal park ranger. The reasons are that the park ranger had a drug dog. The ranger told your group that he knew there was drugs there. So, he was lawfully questioning you all. Plus an argument could be made that the drugs were in plain view (of the dog's nose) so that the ranger had a right to search you.

Bottom line, you may be able to get the drug paraphenalia charge (assuming that is what you were charged with) thrown out by attacking whether there was drugs in plain view. So you should definitely speak with a criminal defense attorney near you. You can find one at attorneypages.

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Mark B. Replogle