Q: If a police officer pulls someone over for traffic violations can he stall while waiting for a K9 unit?
I was pulled over for a rear view mirror violation and I suspect I was profiled but he took my license and sat in his car for 10 or 15 minutes and told me his computer runs slow (actually he had called for a K9 unit) and he kept stalling until the k9 arrived.i wasn't intoxicated and he didn't say he smelled drugs or suspected drugs in my vehicle he asked if he could search and I refused while I was talking to the first cop the k9 officer said he was going to turn off my truck and reached through my driver's window to which I protested and again said he didn't have my permission to enter my vehicle he didn't turn it off but he reached inside the window and I suspect he touched my door handle then he said he was going to get the dog out which alerted to an open air search and proceeded to search and find a pipe. This violated my fourth amendment rights did it not?
A: My advice is to hire an attorney to represent you in this matter----if you can avoid a conviction on your record then you should try to do so. Good luck.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It's understandable to feel concerned about how the stop was handled. Police officers can request additional time during a traffic stop, especially if they need to call for backup or a K9 unit. However, they must have a legitimate reason for any delays and must remain within the scope of the initial reason for the stop.
When it comes to searches, officers generally need your consent or probable cause to search your vehicle. If you did not give permission and there was no clear evidence of wrongdoing, the search might be considered a violation of your Fourth Amendment rights. The actions of reaching into your window without consent and conducting a search without clear justification could be problematic.
Given the complexities of the situation, it would be wise to consult with a legal professional who can review the specifics of your case. They can provide guidance on whether your rights were infringed upon and advise you on the best steps to take moving forward.
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.
