Clark
2011-12-06 19:42:07 UTC
What I am curious about is whether or not that is probable cause--i.e. if they found marijuana in someone's car based on the drug dog's finding, what was their probable cause for bringing the dog to the car in the first place? This is assuming they weren't targeting a specific vehicle that had been reported by someone for seeing the occupants smoking in it. If the same vehicle had been pulled over on the side of the road, the only way the police could search it is if they saw something to indicate that the owner was carrying an illegal substance. If there was no external evidence of that on the car in the parking lot, were they within their rights to have the dogs go up to random cars without their owners' consent and sniff them out? Would this be considered the same thing as a random roadside search, such as those done at roadblocks? But even then, I know people who have run into these and the police do not search the car unless they have a probable cause to do so.
I know that probable cause is a vague section of the law, and maybe that's why I find it so interesting--there are so many possible interpretations of it. Anyway, I gotta get back to my paper now but I thought I'd throw this question out there for anyone interested in answering.
Thanks!