What to do if I was pulled over doing 73 in a 70 mph zone but I had my cruise control set on 67?

I told this to the officer but he didn’t respond. Then asked if I had anything illegal in the car. I said no and then he asked if he could search my car. I respectfully declined. He said I was very nervous and that was reason enough to call the canine unit. They found a small amount of marijuana. Was this a legal and constitutional search? I believe that my rights were stomped on.

Asked on February 3, 2013 under Criminal Law, Michigan

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Nope. Completely legal search because you raised reasonable suspicion. However, you should challenge it all as fruit of the poisonous tree by the possible failure of his radar gun.  You should hire an attorney at this point to help.


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