I was pulled over for speeding and after I received my citation the officer asked me if I was carrying any illegal substances in my vehicle. I answered "no" and he asked if I didn't mind if he searched my vehicle which I refused. He stated that he could hold me until a K9 Drug dog could come and that it could take up to an hour. I asked to speak to his supervisor and he went to his cruiser and after a couple of minutes he returned and told me to keep it slow and to have a nice day.
I guess my question is, could he keep me an hour by the side of the road until the dog comes? Should I have just said yes cause I knew I had nothing to hide anyway? Please advise. Thank you
Proabably the officer could, the threshold to justify such a search is not very high.
No, you should not have said yes, knowing you had nothing to hide. Sounds like you handled it just fine. Well done!
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Criminal Defense Attorney
The officer could compel you to stay. If he had no reasonable suspicion for your further detention, any evidence of another crime would be suppressed and the additional charges dismissed.
You exercised your right to be free from an unreasonable search and seizure! It worked and you didn't have to spend the money to hire an attorney. You did the right thing.