Concent to Search

[guestpost]

Situation: - A person is stopped for a traffic violation. Police officer asks " Is there anything illegal in the vehical " ? Diver responds "No". Officer then asks " You mind if I look"? Driver responds " Yes I'm not giving concent". Officer then states " If you don't allow me to search, I'll bring in a search dog". Driver responds " Go ahead" My question is: 1. Is there actual probable cause to bring in a search dog? 2. If so can a search dog have legal access to search the INSIDE of the vehical where driver denied concent?

 

[army judge]

Situation: - A person is stopped for a traffic violation. Police officer asks " Is there anything illegal in the vehical " ? Diver responds "No". Officer then asks " You mind if I look"? Driver responds " Yes I'm not giving concent". Officer then states " If you don't allow me to search, I'll bring in a search dog". Driver responds " Go ahead" My question is: 1. Is there actual probable cause to bring in a search dog? 2. If so can a search dog have legal access to search the INSIDE of the vehical where driver denied concent?

Okay, I've done a couple of these HYPOTHETICALS, let's stop now.

If you say no, that won't preclude the officer from bringing in a canine to do his or her sniffing thing, outside of the car.

Or, the officer could seek a warrant, arrest you on other grounds, then inventory your car incidental to yoru arrest.

Bottom line, you have the RIGHT to refuse a consent search request.

The officer then has other options sometimes, or may do nothing.

Many times they are bluffing, but you still have the RIGHT to say, NO, Offiocer, I will NOT consent to a search of my car.

At all times, remain calm, and be polite.

 

[guestpost]

This is my understanding as well. So given no arrestable offenses and the canine does not hit on anything outside the car, the officer can not open and allow the canine in the car is this correct?

 

[mightymoose]

That is correct.

I will add that no probable cause it's required to call for the canine. The officer already has the vehicle detained for whatever violation. So long add that detention ids not unreasonably prolonged to wait for a canine there is nothing wrong here.
This often is a bluff unless in a large metro area as not all dogs are trained drug dogs. Rural areas have them, but not usually on short notice.

 

[guestpost]

Fully understand and greatly thank you !!

 

[mightymoose]

I will add that no probable cause it's required to call for the canine.

ISN'T required. My smart phone likes to change my words to make me look stupid.