illegal search?


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ddesim1
January 6, 2009, 12:53 PM
I'm trying to figure out whether or not this is an illegal search. My friends and I were going to a concert that is known for having drugs (police arn't allowed on the property). We had two vehicles and on our way there I got pulled over for speeding. The officer asked where we were headed and we said schwagstock (the concert). He then used that information to ask for a search. I said no so we waited 20 minutes for the k-9 unit to show up. It apparently hit (on ritalin somehow) and they found some ritalin. I was arrested and spent 24 hours in jail.

My lawyer says that where I was going cant be used as a reason for a search. He also said that the police are not allowed to hold me longer than for the original violation (speeding).

I can post the entire police report. I need to talk with my friend but I think the officer changed the story a bit in the report. He asked to search after we said we were going to schwagstock, but in the report he says he asked my friend if he had smoked marijuana recently and he said not in a while. He said he used that as reason to search. That still doesn't seem like a strong enough reason to search to me.

Is this an illegal search? I have a court date on feb 5th and I was charged with a class c felony. I'm hoping this illegal search will drop the whole case(if it is an illegal one).

thanks


edit: I'm not sure if this is the place to ask this question, but I saw another person ask a similar question on these forums

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Sergeant Sabre
January 6, 2009, 01:02 PM
"Is this an illegal search?" is a question that must be answered by a judge.

I can offer this:

Case law allows a "free sniff" of the outside of a car. That's not a search. Case law has also shown that once the dog alerts on the car, one has probable cause to believe that evidence is inside. So after the dog alerts on the car, the search is legal.

The issue would be the extended detention. Once you make a stop, you must proceed expeditiously with concluding your business and releasing the subject unless other factors warrant an extended detention. If there was some reasonable articulable suspicion that you were committing a crime then the extended wait for the dog was probably fine.

Your destination surely can be used as an element of reasonable suspicion or probable cause. If you are going to an area known for heavy drug use, that certainly could arouse some suspicion.

Again, it will take a judge to answer the question.

hso
January 6, 2009, 01:06 PM
I appreciate your concern, but the question isn't directly gun related and since you have an attorney your best course of action is to go through the legal process.

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