Quote:
Originally Posted by Growinboy
Judges in some districts (more liberal ones) have ruled that searches after traffic stops can only be done with probable cause (plain view, odor of reefer, something that BEGS for THE MAN's attention), otherwise the case/evidence is thrown out. Also, all secondary searches must be done within a reasonable amount of time, ie, no more time than an average traffic stop would take. For example, if joe cop wants to run a k9 through your vehicle to check for drugs but the k9 unit is 30 minutes away, it would be unlawful for the cop to detain you until the k9 got there.
Also, DO NOT use legal advice you get in the this forum or others to argue your case with a cop while you are involved in something with a cop! If the officer is violating your rights and you know it, keep it to yourself and let your attorney know as soon as youre clear.
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if the driver consents to a search, then it would be lawful even if he waits for one hour until the dog gets there. but the driver can withdrawal consent and he has to be let go.