Newport News, VA asked in Criminal Law for Virginia

Q: Can police hold my license after its been confirmed clean while k9 checks car

I was parked at work "nite club" wen unmarked police approached asked for ls due to loud music dispatch confirmed no restrictions yet my Los were held while k9 checked car instead of allowing myself to leave an work k9 gave false hit an I was charged with obstruction an firearm after 6 tube confirmed I'd no drugs in my system,I feel the the fact I was detained after license was clean shows illegal search I need case law to help myself

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2 Lawyer Answers
Steve Miyares
Steve Miyares
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: You should consult with an experienced criminal defense attorney in your local jurisdiction. The law regarding search and seizure is very complex and it would be very unwise for you to try defending yourself in this matter. Do not post any other information about your case on this or any other public forum. Instead consult with a defense attorney in your area as soon as possible. You can use the Find A Lawyer tab to help find an attorney in your local jurisdiction.

Andre Robert Belanger
Andre Robert Belanger
Answered
  • Criminal Law Lawyer
  • Baton Rouge, LA

A: there are some very fact specific federal cases, including a more recent United States Supreme Court case, on this topic. In a very general sense, the police can dispatch a k9 while running your license and checking for warrants during a stop. But, they can not use the k9 to prolong the detention without reasonable suspicion for other criminal activity. Go find a quality criminal defense lawyer with an active motions and trial practice to assist you.

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