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Do cops have the right to use a drug dog on our car without our permission?

Broken Bow, OK |

My friends and I were stopped by a cop while pulled into an EZ Mart hoping to get some gas after a late night showing of the new Batman movie. The EZ Mart was closed, but the lights were on inside and we assumed it was open like our 24/7 EZ Marts. He came up to our car and told us he had to search our car with a drug dog (as in we had no say so). I got 2 tickets for marijuana possession and paraphernalia. It says the drug dog alerted on my side, but they didn't search my seat. They searched by boyfriend's seat behind the driver. I was passenger. They picked on him for having his shoes off, and treated him like he was hiding something. He wasn't. They took up the back seat over and over, and searched his shoes at least 3 times. They found nothing (besides what I gave up) and let us go.

Attorney Answers 3


Yes, at least in Georgia

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They can use the dog around the exterior of the vehicle. Even if the dog alerts them to something, unless there is some exigent circumstance, without your consent they cannot get into the car without a warrant.

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Yes. The dog may signal which they could use to get a warrant. Never consent to a search of the car.

Charles Schierer
1-312-888-5832 You may hire our firm by calling 1-312-888-5832. Personal Injury cases on a contingency fee basis. If we are unable to collect money for you, then you pay nothing. This answer is only general information, is not "legal advice" and does not create an attorney-client relationship. Proper legal advice can only be obtained after hiring an attorney and providing full information regarding your case.

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