Suposed loop hole in vehicle searching laws

I am trying to verify some information my friend told me. It may be way wrong but just hear me out.
He used an example to explain it to me, here's the situation:
say you get pulled over for speeding, or a taillight out and the officer wants to search your car. My friend says if you(without arguing being offensive) simply do not contest to a search and there is nothing visible or obvious reason for a search(smell, eyes, ect.) The officer(assuming he wants to continue with a search) will have to call a k-9 unit to the scene.
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here is the loop hole he claims will work: If the officer holds you at the traffic stop for longer than the given time they have to issue the ticket for the reason you were stopped(ie: speeding or tail light)
then any charges on you(even if they do get the canine and search) will NOT hold up in court. supposedly anything they find on you, IF they take longer than they legally have, will not stick if you take your case to court.

again this will not work if say, a k-9 unit is close enough that they don't go over the time limit(which i don't know if it even exists) please someone with legal knowledge help me out

now, I don't plan on driving around dirty often enough for this to be a problem but I do like to know what options I have in a situation such as this.

anyone know about this? agree or disagree?

In the USA, I don't think there is a time limit. They can take all the time they want. Your not under arrest, but they can "detain" you while they do their thing. Just like they can cuff you "for your and their safety" without arresting you while they do their thing.
Even if there was a time limit, they would just let you go only to be stopped by another LEO and the time would start again.

I have the belief that if they want to get into your stuff to search it, they will find some reason...You said no in a bitchy or argumentative way? Your not cooperating with the police, that is obstructing sir...your under arrest...NOW they can search everything.

Rule #1: Never drive dirty so you won't have to worry about getting screwed into a search or not, as there will be nothing to find.

i do believe there is a time limit in the states and that it isnt suppose to take longer than to verify you information ie dl insurance reg and issue a ticket if you deserve one if k9 not there then away ur supposed to go but cops will lie and try to trick you to make you stay, but you need to specify why are you being detailed, if so and now with all cell phones i would record what they say cus if they are illegally deatiling u all info they gather should be dissmissed

In Canada recording them like that is actually an indictable offense if you don't declare that..

well, to find out if this is even possibly true, you should find out if there is a "time limit".
i highly doubt it.
why would they make a law to speed an officer up in his duty..?

Zeplike said:

I am trying to verify some information my friend told me. It may be way wrong but just hear me out.
He used an example to explain it to me, here's the situation:
say you get pulled over for speeding, or a taillight out and the officer wants to search your car. My friend says if you(without arguing being offensive) simply do not contest to a search and there is nothing visible or obvious reason for a search(smell, eyes, ect.) The officer(assuming he wants to continue with a search) will have to call a k-9 unit to the scene.
_____________________

here is the loop hole he claims will work: If the officer holds you at the traffic stop for longer than the given time they have to issue the ticket for the reason you were stopped(ie: speeding or tail light)
then any charges on you(even if they do get the canine and search) will NOT hold up in court. supposedly anything they find on you, IF they take longer than they legally have, will not stick if you take your case to court.

again this will not work if say, a k-9 unit is close enough that they don't go over the time limit(which i don't know if it even exists) please someone with legal knowledge help me out

now, I don't plan on driving around dirty often enough for this to be a problem but I do like to know what options I have in a situation such as this.

anyone know about this? agree or disagree?

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There is little chance they will call out a K9 for no reason. But if they do you are hosed. Using a K9 is in fact an unwarranted search but the Court some how doesn't think so. Probably because you have no 4th amendment rights anymore. That is it in a nut shell. You have about a 1% chance of successfully pulling off a illegal search argument in Court - this from a successful lawyer, not from me.

RickWhite said:

There is little chance they will call out a K9 for no reason. But if they do you are hosed. Using a K9 is in fact an unwarranted search but the Court some how doesn't think so. Probably because you have no 4th amendment rights anymore. That is it in a nut shell. You have about a 1% chance of successfully pulling off a illegal search argument in Court - this from a successful lawyer, not from me.

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Do you know how long they can legally detain you while waiting for the k9?

born2killspam said:

In Canada recording them like that is actually an indictable offense if you don't declare that..

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im pretty sure it is in the US as well. i know for fact that if you record ANYONE(video or audio) without thier knowledge or a warrant its useless in a court of law. you have to post signs letting people know your recording video and you have to tell people when you record a phone conversation, thats why telemarketers/bill collectors always say they record for quality/training purposes.

I wonder how police behavior would change if they knew you were recording them? I've seen plenty of illegal searches on cops, so maybe not.

For example, say I hooked up some kind of surveillance camera in the car. As long as I inform them they are being recorded, can they make me turn it off?

That's not practical for me, but perhaps someone who regularly transports felony amounts could find this useful?

Just thinking out loud...

HowardWCampbell said:

Do you know how long they can legally detain you while waiting for the k9?

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In Kansas they have one hour after you get pulled over to charge you with something or they must let you go. As for the K9 unit, as long as you do not give the officer consent, they can only sniff the outside of your car within one hour of stopping you. If you really want to be safe dont touch your car right after handleing your shit or you might leave traces of it for the K9 to smell and thats all it takes.

If you refuse the search and dogs are called they will pull you out of the car when K9 arrives. Remember to roll up all your windows and lock your car if possible.

Hope this Helps!

RockChalk

HowardWCampbell said:

Do you know how long they can legally detain you while waiting for the k9?

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In the U.S. in most places you can be detained for up to 72 hours without charges.

if you are in a public street you can record whatever you want, if you publish it or something you have to blur the faces n shit... but i can record a cop if I want to, he's prob gonna get pissed off n shit......

I drive all the time with around an ounce....fast too. Cops pull me over once a year, but I'm not concerned the least. They give me a ticket, and on my way. They never search me, never even ask me out of the car.

The secret is...Have your car rigged up to be a death trap for anyone who gets near it that you don't like.

I'm talking about pepper spray escape and built in tazer.

I once got pulled over after surfing, and was sitting on beach towel to keep my seat from getting wet, I put my dugout under my towel and two cops got out and walked up on both sides of my car. He said "I pulled you over for your brake light, but that they were also having a lot of problems with drugs and weapons in the area right now also so do you mind if we take a look in your car?" I said nope, they said ok well we can either take a look in your car or call a k9, i just smiled and said ok please call the k9. So they walked back to their car and I just sat there thinking "shit, why did I say please call a k9". anywho they walked back up to my window a few minutes later and said, "look, we dont understand why you would want us to call a k9 if you had drugs on you, so that makes us think that you have some weapons". I had to laugh in their face on that one, because im definetly not the type to be violent or have weapons. So he said let us just look under your seats and trunk and we will be on our way. I said fine just under my seats and trunk like a dumbass haha, so he opens my door and puts his hand on my beach towel pretty much grabbing my dugout thats underneath, and says he's clear, have a good day sir, phew what a relief, there was a group of people standing around watching me get searched, and watched the cops leave, after they were far gone i lit up my bat in front of my audience and blew a big ol hit out of the window, the look on their face was priceless

The secret is...Have your car rigged up to be a death trap for anyone who gets near it that you don't like.

I'm talking about pepper spray escape and built in tazer.

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Yea.. Then the cops would be like "Don't ya wish there was a way to get even with that person who owns that vehicle, lives at this address, holds these credit cards and bank accounts, and looks like this.."

Yes the best thing do do is have your stash hidden well and tell the cop no problem when he asks to search, if you dont act like thees a problem he is going to just peek in and do a quick look, if you say no then he will hold you there(i dont know for how long but definitely long enough to get a dog) and have a k-9 look around your car he will signal then they tear your car apart, or something like that.

smppro said:

Yes the best thing do do is have your stash hidden well and tell the cop no problem when he asks to search, if you dont act like thees a problem he is going to just peek in and do a quick look, if you say no then he will hold you there(i dont know for how long but definitely long enough to get a dog) and have a k-9 look around your car he will signal then they tear your car apart, or something like that.

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Wow, you'd think ppl who read the legal forum wouldn't be quite so retarded..

born2killspam said:

Wow, you'd think ppl who read the legal forum wouldn't be quite so retarded..

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please tell me your not talking about me you little troll.

Stay polite but refuse anything you have the right to or be deemed retarded and likely convicted..