Legal Question in Criminal Law in North Dakota

Can the police take a drug dog up and down hallways of controlled access apartment building without probable cause? They claimed this is how they got the warrant then searched my apartment and found a stem and marijuana residue-however they left the residue on my end table and now i have to go to court for possession of marijuana. I have never been in trouble before and have nothing on my record except a few speeding tickets over ten years ago.


Asked on 6/14/10, 2:41 pm

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

The answer to you question regarding the dog is yes they can. Now if I knew more facts I may have a different answer, but based on the facts in your question I believe a Judge will let them. Now, I believe it is wrong, and should not be enough to get a search warrant, and I have handled several of these cases recently. I have been waiting for the right case to challenge the search warrant based on a dog signaling at an apt door.

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Answered on 6/14/10, 6:07 pm


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