Why would a officer deny a drug dog to the scene when i request one for proof that there is indeed an odor In my car

Question

He asked if he could search because of marijuana smell, i said no you’re wrong there no smell i do not smoke it nor has it been smoked and he asked again tonsearch it i say no i have an appointment, then have to get my girlfriend from work. He asks again and i say to bring a drug sniffing dog so that the dog can sound off to the odor as proof that there is a smell and he denied it, why would he deny that

F. Paul Maloof · Answer

I do not handle criminal defense cases. Sorry. I cannot assist you.

Steve Miyares · Answer

Your question does not say whether the officer actually searched your car.  If an officer smells marijuana in the car, Virginia courts have held that the odor of marijuana can provide probable cause to search a vehicle.  However, in this case yoo say that the officer kept asking for consent to search your car.  So I would suspect that the ifficer didn’t actually smell marijuana, but instead was trying to get you to consent to a search.  If a person gives consent to search, then that consent waives any probable cause requirements.  So the officer was probably just trying to get you to consent to a search that he might not have otherwise been able to conduct because he did not have sufficient probable cause.  If he actually had probable cause, he would not have needed your consent, but could have searched the car over your objections.  You always have the constitutional right to refuse to consent to a search.

Q: Why would a officer deny a drug dog to the scene when i request one for proof that there is indeed an odor In my car