K9 search without suspicion of a crime

[Corbin13]

Jurisdiction

Kansas

A friend and I were smoking down the street from his house when a police officer drove by on the main road, we got nervous and ran back to my truck and speed back to his house. A neighbor called the police and said we looked suspicious. We went inside and I got a call from an officer 30 mins later. He said that my doors were unlocked and my lights were on. I hadn't left my lights on. He asked if he could check my bags in my truck and I told him no. He than retrieved his K-9 unit. The K9 smelled weed in the truck and the officer confiscated it and wrote me a citation. I was wondering if he had the right to search my truck. It seemed to me that he had no reason to believe I had broken the law and therefor broke my 4th amendment rights.

 

[adjusterjack]

In Florida v Harris (2013) the US Supreme Court wrote:

"(a) In testing whether an officer has probable cause to conduct a search, all that is required is the kind of "fair probability" on which "reasonable and prudent [people] act." Illinois v. Gates, 462 U. S. 213, 235. To evaluate whether the State has met this practical and common sensical standard, this Court has consistently looked to the totality of the circumstances and rejected rigid rules, bright-line tests, and mechanistic inquiries. Ibid."

https://www.supremecourt.gov/opinions/12pdf/11-817_5if6.pdf

You're welcome to google Illinois v Gates.

My opinion for the two cents that it's worth is that your suspicious behavior met the test for bringing the sniffer dog and once the dog got the hit, the search was legal.

Whether your local court would agree or not is going to depend on all of the factors relating to the incident.

You can hire a lawyer and file a Motion for Suppression and see how that goes.

 

[Corbin13]

that's unfortunate, I'm meeting with my lawyer today. I have a clean record and he found less than a gram, which wasn't even mine, so hopefully I can get the charges dropped.

 

[zddoodah]

A friend and I were smoking down the street from his house when a police officer drove by on the main road, we got nervous

Got nervous because...???

and ran back to my truck and speed back to his house.

So...you admit to committing a traffic violation.

I was wondering if he had the right to search my truck.

Nothing in your post suggests your truck was searched.

It seemed to me that he had no reason to believe I had broken the law and therefor broke my 4th amendment rights.

I disagree. The first sentence of your post contains an admission of a crime and a very good reason to suspect you had broken the law. Whether the call from the neighbor provided additional justification obviously depends on exactly what the neighbor told the cops.

While the Harris case mentioned in the first response is of some relevance, I believe United States v. Place, 462 U.S. 696 (1983) is a far more relevant case (and should explain my comment about that nothing in your post suggests any search occurred).

he found less than a gram, which wasn't even mine

If it was in your truck, then it was yours. The "it wasn't mine" defense does not work.

 

[Corbin13]

1. Because I was smoking weed? And it's illegal?? 2. Yes but there was no proof of a violation. 3. I said my stuff was confiscated. He couldn't have confiscated it if he hadn't searched my truck That being said I don't believe he had reasonable suspicion.

 

[adjusterjack]

there was no proof of a violation

"Proof" is not the criteria. Read the case decisions.

He couldn't have confiscated it if he hadn't searched my truck

True.

I don't believe he had reasonable suspicion

You're not getting it.

He had "reason" to bring the sniffer dog. Once the dog got the hit on the weed, the search of the truck THEN was legal.

I'm meeting with my lawyer today.

Good. Let us know what he says.

I have a clean record

Which doesn't mean that you haven't committed crimes before, this is just the first time you got caught.

which wasn't even mine

hopefully I can get the charges dropped.

The hope of every criminal.

 

[zddoodah]

1. Because I was smoking weed? And it's illegal?

All you told us initially was that you were smoking; you didn't tell us what you were smoking.

Yes but there was no proof of a [speeding] violation.

Unless the officer observed you speeding (which you wouldn't necessarily know about).

I said my stuff was confiscated. He couldn't have confiscated it if he hadn't searched my truck

Ok, yes, but the search happened after he got a hit from the dog, right?

That being said I don't believe he had reasonable suspicion.

Here's what we have:

1. While you and your friend were engaged in the commission of a crime, a cop drove by and may have observed you.
2. In response to the cop driving by, you and your friend "we got nervous and ran back to [your] truck and speed [sic] back to his house" (another crime).
3. A neighbor made some sort of report to the police regarding your behavior.
4. A dog sniffed your truck and hit on the drugs that were inside.

And you don't think that's enough for "reasonable suspicion" (much less probable cause for a search)?! Seriously?

A couple suggestions: First, if you just can't control yourself enough not to engage in minor drug-related crimes, don't do it in public. Second, if you're going to post about your criminal exploits in a public forum don't include a photograph of yourself.

 

[mightymoose]

The search with k9 as you describe it sounds legitimate to me. Even so, a motion to suppress should be automatic.

 

[adjusterjack]

The search with k9