Dallas, TX asked in Civil Rights, Constitutional Law and Criminal Law for Texas

Q: Can a police man tell me he is going to search and bring a drug dog AFTER I SAY NO TO A SEARCH OF MY VEHICLE?

My fiance was pulled over for registration being out. After running his name the officer asked him to step out of the vehicle, patted him down, but he was not arrested. The officer then asked if he could search. My fiance said no. The was no probable cause that I am aware of I'm this situation, not does my fiance have any kind of drug related charges. The offer then informed my fiance that he was not only going to go ahead and search but also call for the k9 unit. Then before the unit arrived the officer opened the back door. And came back to arrest my fiance because he "found something". Is this legal??

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Criminal Law Lawyer
  • Austin, TX
  • Licensed in Texas

A: It might be possible for his attorney to seek suppression any evidence that was found as a result of the search but a good attorney will probably first need to carefully study the offense report, arrest affidavit, BodyCam recording, DashCam recording, and the log file showing the data sent back and forth to the computer in the officer's vehicle. The attorney may also investigate the officer's training and disciplinary history. Unfortunately, doing all that takes a lot of time so it is expensive. Although not as expensive as losing years of your life to prison...

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