Unlawful Search And Seizure

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Summary

The Fourth Amendment protects against unreasonable searches and seizures. Police can walk a K9 around a parked car without a warrant or probable cause. However, any search based on a K9 alert must follow legal protocols. Consent, a valid warrant, or exigent circumstances are required for a lawful search. Occupants do not need to be present for a K9 alert, but the search must still adhere to legal standards. Consult a local attorney for personalized advice.

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I'm wondering if my situation constitutes and unlawful search and seizure as well as an unlawful arrest.
Hello ****, could you provide more details about the circumstances that led to your arrest and the search? Also, may I know your location as laws vary by region?
This happened in Almeada County in California
Hello ****, thank you for providing the location. The Fourth Amendment protects against unlawful searches and seizures. However, to determine if your rights were violated, specific details about the circumstances of your arrest and search are needed. Could you please provide more information?
Passengers testimony, We were parked in a parking spot at the gas station with the keys out of the ignition car off, when a police officer drove by. He was behind the car for about * seconds then he proceeded to park two to three parking spaces down from us once he parked I got out of the car to check the fluids and change a light bulb that was out, when he approached me and asked if I needed help. I told him no then he proceeded to walk around the vehicle asking for our travel arrangements and plans even though we stated we didn't need his help. He went on to harass the driver. Once he went to his car the driver and I went into the store and purchased a few items and we were outside eating the ice cream we had just bought when the officer approached us and said that the dog alerted and he was going to search our vehicle. We told him we did not give him the right to search our vehicle we do not consent but he refused to listen to our argument. When we asked to see the dog that alerted he refused to show us we are. We are under the impression that there was never a dog to begin with I didn't see him search with the dog never seen a dog. We weren't doing anything wrong or anything to give them the right to approach us much less harasses nor search the car. We weren't even involved in a traffic stop to warrant him to do a canine search under what grounds did he have the right to do this. To two lawful biting citizens that we're doing nothing in a parked car and refused his help. We were arrested for possession of contraband in which the driver was released on her own reconnaissance after the first court date and the passenger was released from the hospital due to medical complications the same day.
Based on your account, there might be grounds to challenge the legality of the search. In California:
- The Fourth Amendment protects against unreasonable searches and seizures.
- Consent is one way police can legally search a vehicle.
- A police dog 'alert' can provide probable cause for a search.
- Failing to provide proof of a dog 'alert' could constitute a violation of your rights.
You should consult with a local attorney for personalized advice.
So it's perfectly legal for a police officer to walk a K9 around the outside of a parked car when no law has been broken?
Yes, in the United States, including California, a police officer can lawfully walk a K9 around a parked car without a warrant or probable cause. This act is not considered a search under the Fourth Amendment. However, any further search based on a K9 alert should adhere to legal protocols.
Even if the car was not pulled over in a traffic stop?
Yes, the car not being involved in a traffic stop doesn't change the legality. The officer can still walk a K9 around a parked car. However, any search based on a K9 'alert' must follow proper legal procedures.
What are the legal protocols of a searchm
The legal protocols of a search in California are:
- Police must have a valid warrant, consent, or exigent circumstance to search.
- They must respect your Fourth Amendment rights against unreasonable searches and seizures.
- If a K9 'alerts', it can provide probable cause for a search.
- Any evidence obtained unlawfully cannot be used in court.
Do the occupants of the car have to be present for the K9 alert
No, the occupants of the car do not necessarily have to be present for a K9 alert in California. However, the officer should adhere to legal protocols during the search. The absence of occupants does not negate the requirement for probable cause or a warrant.