Legal Question in Criminal Law in California
My husband and I were driving through California on our way to Oregon and we got pulled over. The cop had no probable cause to search my car, so we said that he couldn't and then he brought out the K-9 and proceeded to let the dog sniff all around our car. Well, the dog allegedly alerted on the car where there were drugs. Did the police officer have the right to introduce the K-9 when he had no probable cause to search?
Thanks for your time.
1 Answer from Attorneys
You'll get the real answer to that from the judge's ruling after a hearing on the 'search and seizure' Motion your attorney files.
In CA, law enforcement have the right to search you and the 'reachable' and controllable' areas of your car upon a traffic stop, for their protection. With 'suspicion', they can search further. The K9 is there to help them determine if something is 'suspicious'.
Your attorney can raise whatever arguments he can justify within the precedents and rules of the Criminal law.
Since we likely would not be discussing this unless you are charged with a major felony like possession and transport for sale, and not with simple personal possession [legal[ of under an ounce, you really do need a good attorney, since you had to ask here what the law was.
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