Q: Can I be charged with drug possession after a no-consent search during a traffic stop?

A: Yes, you can be charged because illegal items were found in the car you were operating. However, based on your description there may be more than one way to have the evidence suppressed. You should consult with a local criminal defense attorney, most offer free consultations, to further discuss the situation.

A: Yes, you could still be charged with drug possession in this situation, but you have several potential defenses to challenge the legality of the search. When police conduct searches without a warrant or consent, they need an exception to the Fourth Amendment's protections - typically probable cause. A dog alert can provide this probable cause, but you might question whether they had reasonable suspicion to extend the stop for the dog sniff in the first place.

The location of the alleged drugs - being out of your reach - complicates the case but doesn't automatically protect you. Courts often apply "constructive possession" when items are found in a vehicle you control, even if not physically in your hands. Your defense could focus on challenging whether the officers had legitimate grounds to use the dog, whether the alert was reliable, and whether the scope of the search was appropriate.

I strongly recommend consulting with a criminal defense attorney who handles drug cases as soon as possible. They can review the specific details of your stop, examine whether police followed proper procedures, and potentially file a motion to suppress evidence from an illegal search. The fact that the test kit was left in your vehicle might also be relevant to your defense, as it raises questions about evidence handling procedures. Remember to document everything about this incident while it's fresh in your memory, as these details could be crucial for your defense.