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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Default Using a K9 Unit to Find Drugs

    My question involves criminal law for the state of: North Carolina

    Last night, my younger brother and I planned to go for a swim at our local health club. I had had 2.5 glasses of wine beforehand and we had a tiny amount of marijuana (about $20) in the car. We parked the car in part of the parking lot that was far from the rest of the cars so that we could smoke a little bit of the weed, and so I could have a black and mild. A squad car pulled up and I put the bowl below my seat. The officer asked us what we were doing and I said "coming to work out." He asked why we were parked away from everyone else and I told him so that I could smoke my black and mild, which I had in my mouth and had previously been lit. He claimed he thought it was weird I was chewing gum, said he could smell alcohol, and asked me to step out of the car. I locked the car doors and rolled up the windows. He told my younger brother (age 17) to remain in the car. He then proceeded to ask me questions about pot and I politely declined to answer any of his questions that would incriminate me. He then conducted a sobreity test which I feel I had no problem with (my younger brother said he was watching and said I looked completely fine). The officer claimed I failed it and kept pushing me to admit pot in the car. After further refusal to speak, I was put in hand-cuffs and he asked my younger brother to get out of the car. He did, and the officer opened MY car door and kept it from being shut like I had had it. I asked him if I could shut my door, or if he would, and he said no. I told him I did not consent to any searches. He then called a k9 unit. I made it very clear at least 2 or 3 times that I did not consent to any searches. Obviously, the unit found the small amount and bowl. When it was all said and done, I was charged with possession and paraphernalia.

    I have a clean record. Thanks for the advice about how to proceed.

  2. #2
    Join Date
    Jul 2007
    Location
    Florida
    Posts
    2,344

    Default Re: Did They Obtain This Evidence Illegally

    Hire a lawyer to cut the best deal he can for you. They've got you using perfectly legitimate law enforcement techniques. You were suspicious so they investigated. You smelled of alcohol (and had been drinking by your own admission). The K9 hit on your vehicle so they had reasonable suspicion to search it without your permission. The police are not allowed to bring charges only on people who give them permission to discover their offense.

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