Legal Question in Criminal Law in Georgia

Probable Cuase

Hi,

I have a question about probable cause, more specifically at what point does a police officer's probable cause to search end?

For example if an officer suspected you had drugs during a traffic violation stop and used a drug dog to smell your car, if the drug dog detected a drug odor, but did not locate any drugs, could the officer than search the individual for the suspected drugs? Or has this search by probable cause ended by the officer not finding anything during the initial search?


Asked on 9/30/08, 1:54 pm

1 Answer from Attorneys
Daniel Duello Garrett, Gilliard & Saul

Re: Probable Cuase

If the drug dog hit on the car, then, more than likely, there is probable cause to search the occupants of the car as well. I say more than likely because there could be circumstances where probable cause is no longer present, but those circumstances are very rare and you're not likely to find a judge who will suppress.

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Answered on 10/01/08, 9:27 am


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