I don't know, because the driver said they could search? Which is probably why it's not mentioned anywhere in the article?
"Smelling marijuana" is enough to get a drug dog. If the drug dog hits, vehicle search is legal. There were no drugs in the car, so the drug dog shouldn't have registered, which means the driver should have told the police they weren't going to search his car. Any dime-an-hour lawyer would have used that to contend the vehicle search was illegal... but since that isn't mentioned, the only explanation is the driver consented to a vehicle search, probably assuming police were only looking for drugs and not his DOZENS OF PHONY CREDIT CARDS.
 All right I decided to actually read the rest of the court document. Apparently the driver assaulted the officer(s) when they motioned to search the vehicle. The driver was then placed under arrest. The vehicle was thereafter searched. Maybe the guy had a shit lawyer (probably a public defender), but as there were no drugs in the car a drug dog should have registered as much and the driver let on his way. Obviously police can't just search vehicle interiors willy nilly. In this case, it was done incident to the driver's arrest following his alleged assault of the officer. Problem is while vehicle searches incident to an arrest were de rigueur in the past, modern case law following Arizona v. Gant in the Supreme Court says: "A warrantless search of a vehicle passenger compartment is constitutionally permitted only if the unsecured arrestee is within reach of the passenger compartment at the time of the search, or if unique factual circumstances create a reasonable belief that evidence related to the crime for which the occupant was arrested may be found in the vehicle. If either justification is not present, the vehicle may be searched only with a warrant or a clearly established warrant exception."
So clearly the search of the vehicle should never have happened. Which leads to arguing the merits of dogs as drug sniffer
. Apparently there are drug dogs with accuracy below 50%
who are nonetheless giving officer's probable cause to search vehicles. THAT'S the real problem.This comment was edited on Jun 10, 2016, 21:44.
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