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?
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 be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
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 professional responsibility on this matter. No attorney/client relationship is created unless and until I receive a signed retainer agreement along with the requested retainer fee. If this matter is truly important to you, hire an attorney. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 678-510-1716 or email@example.com if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). Without reviewing the appropriate paperwork It is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Note that I am only licensed in Georgia and thus cannot practice in other states. Nothing in my answer should be considered as tax-advice. Circular 230 Disclosure: Pursuant to recently-enacted U.S. Treasury Department Regulations, we are now required to advise you that, unless otherwise expressly indicated, any federal tax advice contained in this communication, including attachments and enclosures, is not intended or written to be used, and may not be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any tax-related matters addressed herein.
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 Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.
Criminal Defense Attorney
Bored. Slow night. Nothing better to do. It could be any number of things.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.
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 information purposes. My response should not be taken as legal advise as no attorney / client representation exists. Additionally, the information given in this answer is specific to the State of Georgia only and should not be applied to any other state.