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These cases traditionally involve close Constitutional issues. They often involve police stops for traffic offenses that somehow turn into full blown searches of the cars, the drivers and passengers. Now I think that the public would not accept a full police search for every stop for speeding, so there must be some "fair" way to search the "criminals" without searching the citizens. But how to do it? Over the years, we have seen various ploys; the consent search, the driver who refuses to make eye contact or sweats, the odor of marijuana, and now an alert from a drug sniffing dog. Yes, it’s true, if you get stopped at a safety road block, you, your car, your wife are all subject to search if the drug dog alerts the police to your car. Hmmm, the roach in the ashtray left by your son last weekend. But I digress. Drug dogs are expensive, so we have seen a new phenomenon, the drug sniffing police officer. This phenomenon can detect marijuana at great distances in time and space. Judges seem to allow this to justify searches of motor vehicles and apartments, without warrants. We recently had a case of a car search where a student's car was searched in the parking lot at Tidewater Community College. The local police went through the student parking lot with a drug sniffing dog. Watch out, Big Brother is watching.. and sniffing.
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Michael S. Weisberg, P.C. 112 College Place Norfolk, VA 23510 Phone: (757) 622-7740 Fax: (757) 533-9223 Toll Free: (800) 690-0235 Email:info@weislaw.com www.weislaw.com
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