Traffic Stop Turned Into a Canine, Drug Search

[jk]

Just saying that implied consent can sometimes be a dodgy thing. I'm not saying it was right, or that he did NOT go too far, but that implied consent can be a little gray sometimes.

But, make the claim and the complaint and see where they go.

I realize it is difficult for you to have a non-cop perspective sometimes because you are a cop but if a cop comes up, with a dog, and opens the door, most people are not going to go "get the Hell out of my car". They either fear or respect the police and do not object because of that. That doesn't mean they are willingly giving permission to the search.

[cdwjava]

I realize it is difficult for you to have a non-cop perspective sometimes because you are a cop but if a cop comes up, with a dog, and opens the door, most people are not going to go "get the Hell out of my car". They either fear or respect the police and do not object because of that. That doesn't mean they are willingly giving permission to the search.

But, there is still the LEGAL implication of what is referred to as "implied" consent. Even if I were NOT a cop, the legal concept still exists.

I doubt that opening the door all of a sudden without prior consent (implied or explicit) will be considered a consensual act solely because the driver did not say to close the door. hence my thought that it had to do with whatever it was he said before he led the dog around.