tim
Volsquatch
- Joined
- Jan 19, 2007
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K-9 officers "trigger" their dogs all the time. If they want to search, they'll manufacture probable cause. After the police ran the drivers' license and found nothing, they had no legal justification to detain them any longer.
These bogus charges will be dropped and they'll get sued. A passenger does not have to ID themselves to the police, but they routinely throw out the catch-all "obstruction" charge when he/she fails to do so.
Been a while, but I'm fairly sure US V. Fernandez is one ruling which is used on the argument that LE can require passengers to identify themselves.
Also, you have to understand how dogs smell to understand that just because there were no drugs found does not mean there was not residual odors the dog indicated on. I'm not saying there are no K-9 officers who would do what you say, but I'd argue that 99% would'nt.
