Hohenwald, TN asked in Criminal Law and Civil Rights for Tennessee

Q: Can a cop search a vehicle on minor traffic stop, that isn't the drivers car & I say no to search it don't belong to me

The cop pulled me over as I was turning in my friend driveway so it was private property. When I told him no to the search he already had a k9 cop present plus another cop car present for minor traffic stop. He ran the k9 around the car without my permission and they said the dog hit but he never retrieved any drugs and he never went on the inside of the car they pulled me out the vehicle searched me with no female officer and got my passenger out also. The k9 handler and the 1 cop that pulled me over searched the car with no gloves & said they found ounce of crystal like substance not anywhere near where they said the K-9 hit but I had my phone on with the lady who owned the car the whole time & she heard everything they weight it with there scales cause I didn't have anything like that but she believes they planted it in there cause we didn't put it in there. That was the second time I got pulled over that night cause we got pulled over bout 30 min before that time for no reason

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1 Lawyer Answer
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: The police can stop a car with probable cause - such as a minor traffic violation. If you do not consent to a search, the police can use a K9 so long as the use of the dog does not prolong the traffic stop. If the K9 hits on the car, that is probable cause to search the interior. If you have been charged with a crime hire counsel asap to determine what defenses, if any, you may have.

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