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Old 11-04-2009, 12:40 PM   #1
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Oh, and one more thing..."refusing" a K9 sniff IS NOT POSSIBLE. The above poster says to "still refuse the search" if detained and a k9 is borught to the scene. NO PERMISSION, PROBABLE CAUSE, REASONABLE SUSPICION, etc is needed to run a k9 around the exterior of your vehicle. The cop can do it completely randomly if he/she feels like it. So long as the arrival of the K9 unit doesn't artifically extend the length of a routine traffic stop (as determined by the courts, who ultimately decide what a "reasonable" wait is) an officer can request any or every vehicle he stops be checked out by a dog. You are only "detained" legally if the stop extends the time period of what the courts would view as a "routine" traffic stop. of course, e all know there is no such thing as a "routine" stop, and that offers the courts a wide degree of flexibility when determining if someone was detained during a stop or not.My uncle, a former prosecutor, summed it up well "Who do you THINK the courts will sidew with most of the time?" However, to be clear, you CANNOT "refuse" a k9 sniff of your vehicle. If you feel as though you've been detained too long while waiting for the dog, you can argue that in court, but the refusalof a k9 search is laregly a fallicy
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If total government control equals safety, why are prisons so dangerous?
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