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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Criminal Law
Satisfied Customers: 17113
Experience:  Licensed Texas General Practice Attorney
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Got pulled over for a traffic violation. The officer called

Customer Question

Got pulled over for a traffic violation. The officer called in a k9 unit. Does that officer have to walk the dog around the vehicle a certain amount of times Or can they take the dog to the trunk then the dog barks then put the dog away without walking around the entire vehicle then search the vehicle
JA: What state is this in? And how old is the car?
Customer: Utah and 2004
JA: Has anything been filed or reported?
Customer: Like what do you mean. The officers searched the vehicle and I had a bag that I take to work with me well that day I was cleaning out company vehicles and there was some grocery bags so I grabbed them and put in my work bag. well in the grocery bags was like a black planer case looking thing and I didn't know it was there but I guess in that the officers said there was drug paraphernalia. And I got a drug paraphernalia ticket and have to go to court and the person driving at the time didn't get a ticket or anything for the traffic violation improper lane travel.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 2 months ago.
Category: Criminal Law
Expert:  ScottyMacEsq replied 2 months ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. There's no requirement that the dogs be walked around the vehicle a number of times, or even once. They can be led to a specific spot, and if they indicate presence of drugs (or trace amounts of it, assuming that the trace amounts were there) then that would be enough. So the fact that the dog was not walked around is not, in and of itself, enough to get the case dismissed. Rather, it would need to be argued that the failure to do so somehow "taints" the evidence. And the dog barking might not be enough either. Now taken together (for example, if you appeared to be intoxicated, or they "smelled" marijuana, etc...) then that could be enough for probable cause. But a bark alone could, potentially, be excluded from evidence, and the search could be thrown out due to a lack of probable cause.

False alerts are more common than is thought. Think about it: if the dog barks and no drugs are found, the person doesn't get charged with drugs, and the validity of the bark is not challenged. The only time it goes to court is when there are drugs. So from the court's perspective (the cases that they see), 100% of the cases where the dog barks, drugs are found. They never see the cases where drugs are not found after a bark. The point is that the evidence could be challenged (potentially) if there was no other evidence found or observed prior to the bark.

That being said, you need to contact an attorney in your area that deals with drug cases. Go to www.lawyers.com or www.legalmatch.com to find an attorney in your area. You should be able to find one that will give you a free initial consultation and better advise you of your rights, any problems with your case, likelihood of success, how courts are treating cases such as yours in your area, and what you should do next.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 2 months ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 2 months ago.

Can you see on your screen where you need to rate it? Note that you may need to press a "submit" button after clicking on the appropriate star rating. This is what I'm waiting on from you. Thanks!

Expert:  ScottyMacEsq replied 2 months ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions).

If you can't see the stars, you may need to scroll up / down / left / or right to see them. This is where you rate so that the question will close out.

Expert:  ScottyMacEsq replied 2 months ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 2 months ago.

My apologies, but I must assist the other customers that are waiting. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time (almost 1 hour) and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 2 months ago.

Did you have any other questions before you rate this answer?