NFL broadcaster Maas arrested on weapons, drug charges

[03EBZ06]

I mean, is looking nervous reasonable cause to bring in a dog. The prescence ( or I should say "bringing in" )of a sniffing dog in essence would be an illegal search IMO without some reasonable cause.

Now, I'm not a lawyer but from what I understand the police can use his observation of suspect (overtly nervousness, recognition of certain behavior from his experience and expertise) as a basis to get a probable cause to search warrant.

Perhaps one of the board lawyers can shed some light in what is deemed as probable cause to search.

 

[Seven]

I don't think I would ever let the police search my car voluntarily. I have never carried a hand gun or drugs but don't really see the reason to ever let that happen without some sort of cause.

Then you have no worries.

I mean, is looking nervous reasonable cause to bring in a dog. The prescence ( or I should say "bringing in" )of a sniffing dog in essence would be an illegal search IMO without some reasonable cause.

Cop smells the mary, you look flighty, nervous, fidgety, dielated eyes, etc....you say no.....he calls in the mutt. Done.

 

[peplaw06]

Now, I'm not a lawyer but from what I understand the police can use his observation of suspect (overtly nervousness, recognition of certain behavior from his experience and expertise) as a basis to get a probable cause to search warrant.

Perhaps one of the board lawyers can shed some light in what is deemed as probable cause to search.

Nervousness alone won't get you probable cause. There has to be something else, some indication drugs or contraband is in the car.

 

[Kilyin]

Nervousness alone won't get you probable cause. There has to be something else, some indication drugs or contraband is in the car.

I had a cop search my car because I 'looked nervous' when he pulled me for speeding. Of course, I consented because I knew he wouldn't find anything... but he wasted about 20-30 minutes of our time rummaging around in my car for nothing.

 

[peplaw06]

I had a cop search my car because I 'looked nervous' when he pulled me for speeding. Of course, I consented because I knew he wouldn't find anything... but he wasted about 20-30 minutes of our time rummaging around in my car for nothing.

Well if you consent, he doesn't have to have PC.

 

[Kilyin]

Well if you consent, he doesn't have to have PC.

Right, but if I had refused, then that just draws more suspicion, and if he had been willing, having to sit there while he has a warrant delivered. At least, that was my thinking.

I mean, if a cop asks to search your car, in his mind he already has PC, no?

 

[peplaw06]

Right, but if I had refused, then that just draws more suspicion, and if he had been willing, having to sit there while he has a warrant delivered. At least, that was my thinking.

I mean, if a cop asks to search your car, in his mind he already has PC, no?

Nope... a cop cannot go to a magistrate looking for a search warrant and say "but he looked nervous." Denying consent to search your car is not something the magistrate will take into account. Otherwise, cops would search everyone's car.

 

[03EBZ06]

Nervousness alone won't get you probable cause. There has to be something else, some indication drugs or contraband is in the car.

So what would constitute as indication of possib presence of drug in the vehicle?

 

[peplaw06]

So what would constitute as indication of possib presence of drug in the vehicle?

Typically with drugs it's going to be smell, actions/physical condition of the driver, or something in plain view. Remember, if a cop sees any paraphernalia that would be intended for drug use, that could give him PC to search the whole car. You might notice the next time you get stopped, that the cops always look in the back seat before talking to you. They're looking for contraband. Anything they see in plain view can be used to get a search.

It's impossible to know what the cop saw in this case that got him into the car. Maas could have consented, in which case, he didn't need anything. Other than that, the cop could have seen something that tipped him off to the the gun or the drugs, and either one would have given him PC to search.