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Minnesota civil rights laws regarding legal search and seizure, MN criminal codeFriend pulled over for going 74mph in 70 mph zone. Officer said friends eyes looked glazed and asked if friend was smoking marijuana. Friend said no so officer took friend back to his car while he ran license and did paper work. Officer had dog in car and said dog detects drugs and proceeded to search car. Found small amt. of marijuana and paraphenalia. Is this a legal search?
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Friend mostly concerned with loosing license. No record. Any advice? Attorney answers (1)
Reputation Level 15
Answered about 3 years ago.
Criminal Defense Attorney in Minneapolis, MN.
Yes, the advice is retain a good lawyer to help avoid a guilty plea, conviction, and suspension of drivers license. If a driver violates a traffic law, generally police can legally stop the driver to issue a citation or warning. If there are no facts or circumstances to justify prolonging the detention beyond what it should take to write a ticket or warning, then the stop may be deemed illegal by a court following a defense motion. Dog searches can be challenged on various grounds as well. More information would be needed to better analyze whether the search was illegal. Only the lawyer handling it would be in a polsition to form a good opinion on that.
FFI: http://www.liberty-lawyer.com/drugcrimecharges.... or call me.
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