Q: Is it legal for a drug dog to do a free range sniff search when the police extentionally left the car door cracked open
A:
You really haven't given me enough info to answer the question. What drug did the dog smell? If it was marihuana (that's the way we spell it in Texas Penal Code), believe me, the dog didn't need the door to be cracked to smell it. I can smell it with the doors closed, as strong as the pot is these days. You might not be able to smell it because you're used to smelling it from driving the car.
And why didn't you close your door? I assume you were outside of your vehicle. Why didn't you close the door behind you when you got out. UNLESS... did you give the police CONSENT TO Search your vehicle? This would explain why they left the door cracked. Hope you didn't give them consent.
Also, was the dog with the police unit that stopped you or did the original officers radio for the dog to come? If they radioed for the dog, why did you wait for the dog to arrive? If you weren't under arrest, you don't have to hang around for the dog to show up. It can be a little tricky to assert your right to leave after giving police a few minutes to write a ticket, but beyond that, say Adios.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
