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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16288
Experience:  13 years experience in criminal law, BA in criminal justice
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My son was stopped by the police and the police search the

Customer Question

My son was stopped by the police and the police search the car for drugs . The officer told me that there drug dog had a[positive hit on the car. He told me that he refused to have the car searched when asked by the officers. I called the station and spoke to the officer and he said that my wife could order the search on the car but she would have to do this before the end of his shift. x
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legalease replied 1 year ago.
Hello there.
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My suggestion to you here is not to give permission for any searches of the car (I assume that it belongs to you or is in your name, but even if it is in your son's name and the police are asking you this because he is a minor, you should still not consent to such a search). Generally speaking, the police do NOT need your consent to search your car if the police have enough PROBABLE CAUSE to search the car anyway. PROBABLE CAUSE is a legal term which means that either the police saw something in plain view in the car that leads them to believe that there may be further illegal items such as drugs or guns in hidden areas of the car -- such as under the seats or in the trunk of the car.
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-The police also have the legal right to run a drug dog around your car without your consent and if the dog shows that it smells positive around your car for drugs, then that HIT by the dog is enough PROBABLE CAUSE for the police to search the car without any further permission or consent needed from your son or from you.
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So, if the police are claiming that the drug dog hit positive on the car as your son was driving it BUT they have still contacted you to get your consent for the search of the entire car (inside and out). I think that there is something more going on here and I do not trust the police in such matters regarding positive HITS with the drug dog. It seems to me that the dog probably came up with nothing and so now they are asking YOU for permission to search the car because they have no probable cause to search the car without your consent (they may be lying to you about the dog getting a hit on your car so you will go along with what they want you to go along with and that is a "consented to" search of the car. Since you have no idea what your son might have in the car, you should not consent to the search at this time.
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I hope that explanation helps. My suggestion here is that if they start getting pushy to you or your son then you tell them that neither of you will speak without a lawyer present. At that point, if the police truly have nothing on your son and no other legal reason to search the car, then they should let him and the car go on their way.
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MARY
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