Asked in Criminal Law for Florida

Q: I was pull pulled over for speeding and after taking my license insurance and registration and all that came back clear

He then asked could he search my vehicle I told him no I well first I asked him what his probable cause was he said because he wanted to I told him no he brought the dog out and they alerted on my vehicle and he found a set of digital skills by the way this was not a patrol cop this was a narcotics investigator and instead of locking me up at the time he wanted me to work for him I told him I couldn't do it he told me he would not take me to jail and he would give me time to think about it well I never did do what he wanted so he filed charges but my main point is there was no probable cause because he didn't even give me a speeding ticket he said I was speeding and didn't use my turn signal he didn't give me either one of those tickets is that legal it also violated my misdemeanor probation

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2 Lawyer Answers
Henry George Ferro
Henry George Ferro
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

A: You should discuss this matter with your attorney and/or public defender...This site is not appropriate for a detailed analysis. It would appear as though you do have some issues regarding the stop.

Jeffrey H. Garland
PREMIUM
Jeffrey H. Garland
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

A: The officer would have had grounds to pull you over if you committed a driving infraction. You complain that the Officer conducted a drug dog walk around even though you refused to consent to a search. As a result the dog alerted. The car was searched and alledged drug paraphernalia found. An important issue in this situation is whether the Officer detained you longer than necessary to write the citation so that the dog search could take place. This issue may be far more complex than you are thinking. The Officer may claim to have extraneous information that you are not aware of. Also, a traffic detention may be extended if there is a problem with the DL, insurance or registration. I recommend you retain an skilled criminal defense attorney who can look into the matter, obtain discovery and make appropriate, and fully informed, recommendations.

Terrence H Thorgaard agrees with this answer

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