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The dog indicates to the presence of narcotics. I ask for consent to search and the driver says no.
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Funny you mention this scenario... Every time I refuse a vehicle search, the copper gets the Canine Cop to "walk the dog" around my ride... then like clock work, the dog cop gets the dog out of my sight, nods to his buddy and says, "We have an alert" and I am then frisked and my ride searched as they claim PC...
But back to a dwelling and NOT A HOMICIDE... with the RESIDING OCCUPANT inside telling you that you are not SEARCHING.
If you think I would let you step foot in to "SWEEP" for ANYTHING, yer outta yer mind... While "sweeping" for "persons" who "might be destroying evidence" you are performing a VISUAL SEARCH... don't pee on my back and tell me it is a warm summer rain.
Sure... you might not dump my dresser drawers or flip my mattress but searching with your eyes...
So to prevent my rights from being trampled we will just wait for the warrant, you might lose a bit of evidence but that is a small price to pay to make sure an American citizen doesn't have his Civil rights infringed upon... Denying a person of their civil rights can carry a life sentence in federal prison and I wouldn't want that to happen to anyone on my behalf.
Brent