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Is this an unreasonable search? (rights violation)?
The set up: A cop stops you for speeding and ask you to get out of your car and join him in his car while he writes up the ticket. In the car is a drug dog.
The query: Now if I understand right, you must comply if an officer asks you to leave your car. And that it would be an unreasonable search of your vehicle for him to bring a drug sniffing dog to your car with no probable cause. If you're instead compelled by law to go to the dog instead of it going to you and the dog signaled the speeding violator was possessing something, would it be an unreasonable search at that point? What protections are there against this kind of entrapment?
3 Answers
- Anonymous8 years agoFavorite Answer
In Texas he couldn't make you disembark your vehicle unless you were doing twice the speed limit and he's about to arrest you. He wouldn't be allowed to search your vehicle if he doesn't have beyond a reasonable doubt. For him to put you next to a drug dog and the drug dog to react probably will give him reason to search you because reason. It'll be your fault by not knowing your rights and staying in the car in the first place.
I got two thumbs down so let me put it like this. I'm a law student in the US Air Force. You do not have to disembark your vehicle unless being placed under arrest or he has beyond reasonable doubt. You don't even have to completely roll your window down as long as you can hear the officer. You could've stayed in your vehicle until he brought a warrent. If you think I'm bullshitting you, call your local public defender office. The fact that you disturbed a drug dog gave him reason to search your vehicle. **** the ignorant *** ***** that don't know the law past their front door.
- StarlordLv 78 years ago
It is not entrapment. If a drug dog alerts on your car, that gives the police probable cause to search without a warrant. You are first asked for permission to search. If you decline, they can, and often do call in a K-9 unit. While it is unusual to have a driver go to the patrol car while the citation is being written, it is done, occasionally.
Source(s): Former deputy sheriff/corporal - ?Lv 78 years ago
Yes, you must step out if asked.
But if he doesn't have reasonable suspicion to expand the scope of the stop, anything he does or finds after could be thrown out in court.
He doesn't need probable cause for a dog sniff, he needs reasonable suspicion to keep you around for longer than the time it would take to write you for what he originally stopped you for. If he wants to "expand the scope of the stop" by placing you in his car and waiting for a dog sniff, he must have reasonable suspicion you have committed or are about to commit a crime.
