I got pulled over, and want to know if this is considered an illegal search.?
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I got pulled over, and want to know if this is considered an illegal search.?
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Ok so i was driving on saterday and i got pulled over for an uninspected vehicle. the cop told me i also fit the description of somebody doing grand larceny in the area, he asked me to step out he patted me down and then he asked to search my car, knowing my rights i said no sir i do not give you permission to search my car, he understood it was within my rights to deny him. he then stated he was going to call a drug sniffing dog to sniff my car, and if he hits then he has the right to search my car. i said ok. we sat on the sidewalk and talked for about 15 minutes before another car came. THERE WAS NO DOG. as soon as the other officer starts talking to me, the guy that pulled me over searched my car. he found marijuhauna and wrote me a ticket for it. but because i told him he was not aloud to search my car, and he told me he was calling a dog, and the dog never showed, isn't that against the law? can i get the ticket dropped? how?
remember this took place in New York State, and keep in mind different states have different laws.... thank you.
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trooper3316
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The search, as you describe it, is illegal.
First of all, you did not consent to the search. Secondly, you can not be detained while waiting for a dog. The dog must arrive during the time frame of the traffic stop.
However, if the officer had probable cause, he does not need consent. Without reading his report, we don't know what made his suspect drug use. |
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