If the officer smelled marijuana why did they call the dogs why not just search?

Asked about 1 year ago - Covington, GA

Officer stated they saw a scale and smelled marijuana why did they call the dog didn't they have the right to search without consent?

Attorney answers (5)

  1. Michael David Barber Jr.

    Contributor Level 15

    5

    Lawyers agree

    Answered . While the officers don't need consent to search your vehicle on a traffic stop, there are exceptions to the rule. Any criminal defense attorney would tell you that the can search your car on a stop if they are arresting you, otherwise, typically, they would be limited to your wingspan search in the vehicle. Why did the officers initially stop you? If that reason was not enough to arrest you he can't search your car unless you are under arrest. I agree with the other attorney though, without having more facts it would be difficult to figure out why he asked to search your car. The more important question was, why did you allow him to search your car?

    If you find this answer helpful, please mark it here on AVVO as helpful. At this time, I am not accepting... more
  2. Anthony Michael Solis

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . hard to say on these facts, but maybe the cops felt it was stronger if the trained drug detection dog alerted versus merely the cops' perception.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  3. John Arnold Steakley

    Contributor Level 19

    4

    Lawyers agree

    Answered . Bored. Slow night. Nothing better to do. It could be any number of things.

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  4. Rixon Charles Rafter III

    Contributor Level 20

    4

    Lawyers agree

    Answered . On the facts presented, they could have. Maybe they wanted to practice their procedures and training.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
  5. George F. Mccranie IV

    Pro

    Contributor Level 15

    Answered . Your question is very "light" on facts about the search. There are differences between searches of residences and vehicles and specific facts affect each one differently. In my experience, K-9s are often called in to do a walk around of a vehicle in order to get Probable Cause to search a vehicle. Remember, there are many issues that can affect the validity of a search - including something as simple as how long it took the K-9 unit to arrive/search. This type of case requires a detailed investigation of the specific facts and circumstances surrounding the search. I recommend that you consult with an Experienced and Qualified Criminal Defense Attorney - ASAP!!! I hope this information has been helpful. Good Luck!
    George McCranie www.mccranielawfirm.com

    The information provided in this response to a question is not legal advise and is provided only for general... more

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