Ah, yes, the "Cartman Subterfuge."And there is always the possibility that he would intentionally act badly thinking he could just blame it on the Tourette’s and avoid the fall out from his actions.
Ah, yes, the "Cartman Subterfuge."And there is always the possibility that he would intentionally act badly thinking he could just blame it on the Tourette’s and avoid the fall out from his actions.
OP, how do you or your husband know when a dog "alerts" or not? I guarantee you the dong may well have alerted and you might not have even realized it.
Your husband is free to try to make the argument that his detention was excessive under the facts. You told us that the K-9 unit was present within about ten minutes after the initial stop, and that your husband was found to have drugs based on a plain smell search that immediately followed, so I'm not sure how you get to "over an hour". FYI, post-arrest detention doesn't count.
The police don't have to take somebody at his word that his terrible behavior in public was caused by a professed disability. The police aren't in a position to diagnose him or to verify his claimed medical condition, nor is it their job to do so. Given that you have described two encounters with the police, both involving his behaving very badly, it seems much more likely that the problem is that he's extremely immature, not that he has Tourette's. If he wants to try to defend against the other charge by claiming that he was unable to control his behavior, as TaxingMatters incidates he can discuss that defense with his lawyer and bring in his doctors' testimony to support his claims -- but it does nothing to call into question the validity of the arrest.Quoting no_highway_option
If your husband wants to live in a state in which it is legal for him to possess marijuana, he should move to such a state and take appropriate steps (e.g., a medical prescription) to ensure that he is in compliance with the law.Quoting no_highway_option
You have told us that the police found your husband's dirty pipe.Quoting no_highway_option
As jk and TaxingMatters have pointed out, plain smell is not predicated exclusively on the idea that the officer must smell the specific item of contraband that is found.