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Old 05-26-2006, 03:52 AM   #1
jtaylor
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Default Another Search Question for the LEO's

Now before I address this question I wanted to say that I have read the Search article by Phuzz a few times but I don't believe my specific question could be answered. Here it is.

Say I'm going to be carrying some marijuana in my car and in my mind I have the perfect hiding spot. Say that I'm so confident it's well hidden that the officer (not dog) will find it. Suppose I am pulled over and he asks to search my car. If I say yes and he doesn't find anything, will most officers give up after that or would they rather call in the dog for a "double check." I know every officer can and will be different but what's you guys general take on the subject?
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Old 05-26-2006, 06:18 AM   #2
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Default

I'll tell you my personal experience in the matter. My wifwe and I were pulled over by a k-9 unit. We saw the cop turn around, and my wife ate the only joint we had in our possession. During the course of the traffic stop, he asked if he could run his dog around the vehicle. Knowing that they can legally do so anyway, I agreed. He then asked if he could search, whic h, in this incident, I agrreed to (I know, I know....ALWYAS deny a search...blah, blah, blah). He did a quick once over, checking the most obvious of places (center console, under the seats, etc) and let me go.....all without deploying the K9 WHICH WAS ON THE SCENE ALREADY. I knew there was probably enough scent in the vehicle to trigger an alert from the dog, but I knew there wasn't anything to actually find in the vehicle (only driver, and very few people ever ride passenger, excluding my wife). In this case, I gambled and won.....even though I had nothing to lose, I knew I was in for a long wait if the dog alerted, not to mention many questions. I handled it MY way, against the advice you'll read in many places, and it worked for me.
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Old 05-26-2006, 10:03 AM   #3
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Default

jtaylor,

It depends on the circumstances of the situation. For example, if he smells a strong odor of marijuana, but does not find any, he may wait for a dog. He may not. It would also depend on how far away the closest dog is. If it's five minutes away, he's more likely to wait than if it's an hour.

This isn't covered in the FAQ because it is not search and seizure law.
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