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Never Consent to a Search; Thoughts on a recent Supreme Court decision

Police car

Supreme Court holds that Cops can't keep you on the side of the road while they wait for a K-9 unit to get there without probable cause.

I know I go on and on about this, but it bears repeating. If you are asking yourself, "Self, should I refuse to allow a search?" THE ANSWER IS ALWAYS YES. YES! EVERY TIME!

This case specifically regarded a man named Dennys Rodriguez, who was stopped for erratic driving.  With no probable cause for drugs, the officer asked if he could have his dog walk around the car, to which Mr. Rodriguez said no.  The officer kept him there anyway for 7-8 minutes until the dog got there, the dog found drugs, and Mr. Rodriguez was arrested. The Supreme Court  reversed the decision because there was no probable cause to detain Mr. Rodriguez beyond the time necessary to ticket him for erratic driving.

Key in this story is Mr. Rodriguez's refusal to allow a search.  If he had said sure, you can search and have a dog sniff my car, (thinking foolishly that if he says yes, the police will let him go because he has nothing to hide) then this case doesn't make it to the Supreme Court.

In all, this is a positive (and somewhat unexpected) move by the Court. In a time when the Fourth Amendment is seemingly eroded more every day, it is encouraging to see that protections still exist and will be enforced.

-->7.2Joshua Garrett