Q: I was wondering if this is legal
I'm a commercial truck driver I was trucking thru idaho I stopped and took my 10 hour break at the Walmart in Nampa idaho. I arrived at 1200pm noon I was asleep when I was awaken by a Nampa police officer shining a flash light in my window .he said he was there because of a 911 call a truck driver and motorist where arguing. I was not the only truck in parking lot .we established it was not me involved in 911 call.i went back to sleep 30 min later he came back said he don't like how I was parked said he ran a dog around my truck .and he was going to search it .number 1 does he have probable cause to so that.number 2 how can you run a dog around the truck when me and my dog are still inside Un aware of that happening.
A: Foul! Unless he can articulate what crime he believed was committed and the probable cause he had to believe that you were thE person that committed that crime, he has NO business searching your truck without a warrant. Unless he can get your permission to search, he must get a warrant. I don't know any Magistrate who would give the cop the right to search your rig. Secondly, regarding the dog, the Idaho Supreme Court has stated that running a dog around a vehicle does not require a warrant because it's not "intrusive" of anyone's "expectative right to privacy."
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