The driver was on the side of the road and a trooper pulls up and sees no problem and the driver confirms this. The trooper asks more question and becomes suspicious tells the driver to wait. The officer runs the driver record to see he has a few possession charges in California then the officer calls for a K9 unit and then fills out a search form for the driver to sign. The officer asks the driver to search the vehicle drivers says yes the officer tells the driver to sing the search form driver refuses the K9 unit comes and possible hits on something the vehicle is seized and the officer offers to take the driver to the bus station but driver asks to be taken to a motel then arrested some 6 hours later after the major search of the vehicle he was driving.
There are more facts to this situation than are captured in your post. My guess is the police report has a different version. Searches and seizures are governed by the 4th Amendment and an experienced criminal defense attorney knows how to manage cases such as this. You ought to hire one.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.
I agree - there seems to be something missing. But - based on the scenario - the officer has to have something called reasonable suspicion of an ongoing crime to detain the driver unless the driver consents (called a consensual encounter) to remain voluntarily. The conflict as regards permission to search the vehicle could go either way depending on the testimony at trial..
Bottom line - need more facts - but on its face their may be a Fourth Amendment Search and Seizure Issue in the case.
If this was just a "welfare check"(checking to see if the driver was okay) to start, once that was established, without some additional evidence the officer probably had the duty to leave the scene. This case will involve a detailed analysis of the facts of the encounter(length of stop before K-9 was called, conversation between officer and driver, etc.). Driver needs competent defense counsel.
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