Probable Cause and Reasonable Suspicion?
Question by ree ree: Probable Cause and Reasonable Suspicion?
On August 18, 2005, a Texas state trooper stopped a vehicle traveling on Interstate 10, just outside of Dallas, for a broken taillight. During the stop, the officer noticed numerous food items, a road map on the dashboard, some toiletries scattered about the front seat, and a cell phone sitting in a cup holder on the console of the vehicle.
The driver volunteered that he had flown from New Orleans to Los Angeles on August 13, 2005, to pick up the vehicle he was driving, which he had purchased from a friend. He left Los Angeles on August 16, 2005, and headed east on Interstate 10. The driver showed the vehicle’s certificate of purchase to the officer.
The officer then questioned the driver about his trip and stay in Las Vegas. The driver said he was enjoying “what L.A. had to offer,” but that he had to get home to New Orleans, where he was due back to his nightclub job. The officer stated that the driver looked toward the highway, in his direction of travel.
The officer wrote the driver a citation for the broken taillight and advised him he was free to go. The driver then walked back toward his vehicle. Before the driver got back to his vehicle, the officer asked the driver if there would be any reason why he would be in possession of narcotics. The driver, eyes fixed on the road, simply answered, “No.”
The driver continued to walk toward his vehicle and the officer asked if he could search the car. The driver nodded and verbally agreed to the search. The officer attempted to have the driver sign a consent form for the search, but he would not, again verbally insisting it was okay.
The officer opened and searched the trunk, found nothing, and moved toward the front of the vehicle. As the officer approached the front passenger-side door to check the glove compartment, he noticed the driver begin to fiddle with his hands. The officer then asked if it was okay to open the glove compartment. The driver verbally agreed, yet remained visibly nervous.
The officer found a set of pliers, some thread, and a receipt from a hardware store in Los Angeles. When asked about the purchase, the driver recounted his story to include a trip to L.A. The driver provided the officer with a less-than-concrete description of his plans to meet up with a long-time friend. While in Los Angeles, he bought the pliers and thread to finish some home repairs in New Orleans.
The officer responded by summoning a K-9 unit. He explained that he did not believe the driver’s story and wanted a dog to assist with the vehicle search. The driver then made it clear he wanted the search to end and to leave the location. The officer told the driver he could go, but that the vehicle would be detained for search by the K-9 unit.
Upon arrival of the K-9 unit, the dog began to bark in the direction of the stopped vehicle. The officer advised that a further search would commence; if the search produced nothing, the vehicle would be released to the driver. The officer obtained a search warrant and the police dog searched the vehicle. A bag of cocaine was found, sewn into the fabric covering the interior roof of the vehicle. The driver was placed under arrest for possession of narcotics.
Do you think the police had probable cause or only reasonable suspicion to justify their actions? Would the cocaine found be admissible?
Best answer:
Answer by Windy
Couple of questions: If he got pulled over, why was the driver walking back to the car.
My directions are probably off, (I’m on the east coast.) If the cop asked him how his stay in ” Las Vegas ” was/ The driver said he was enjoying “what L.A. had to offer,” but that he had to get home to New Orleans for his night job. The guys bearings were off???
Any way. The cop was suspicious, I would be to based on the kid answering he liked LA when the cop mentioned Vegas. Anyway, he consented to the search at first. Watching him fumble around, he cop definitely has suspicion. Not sure why the guy was out of the car, again. He verbally agreed, didn’t have to sign. The cop had every right to call in a K9 for a thorough search. At that point, he could and did have every reason to go fore ward with the search. Anyone can refuse to have their vehicle searched. That’s when the cops have the k9 take over.
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