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Search my vehicle after making dog alert found nothing after hours of searching and destroying my interior then detained me after searching saying they believe I have hidden drugs on me and will be taking me to a jail to strip search me and I asked where is the warrant for this and was told the dog hitting on NY vehicle was all the proof and probable cause needed to detain and strip me down and humiliate me to find not a dam thing
Codes USA
Lawyers' responses (1)
Lawyer, G. New York, 914 years experience
Hello. A K-9 “alert” can often give police probable cause to search your vehicle (if the dog is properly trained/reliable). That’s the rule the U.S. Supreme Court reaffirmed in Florida v. Harris.
But probable cause to search a car is not automatically probable cause to strip-search your body. A strip search is a far more intrusive Fourth Amendment event, and courts generally require stronger, individualized justification (and the search must be conducted in a reasonable manner).
When a jail strip search can be “legal” without a warrantIf you were booked into jail and placed (or could be placed) into general population, the Supreme Court has allowed routine visual intake strip searches even for minor offenses, based on institutional safety concerns.
When it may be unconstitutionalA strip search (or especially anything approaching a body-cavity search) can be unreasonable if:
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it was done solely because a dog alerted on the car, after the car search found nothing,
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there was no other specific evidence you were hiding contraband on your person,
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the search was done in a humiliating/excessive way (unnecessary exposure, audience, poor procedure), or
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you were detained for hours or the stop was unlawfully prolonged beyond the traffic purpose.
What to do now (Pensacola/Escambia)If you want a deeper legal framework to read in plain English style, these are good starting points on InstaLawyer: Search and Seizure basics, Seizure without warrant procedures, and Residential confinement/restraint concepts (related standards).
A few quick questions so I can point you to the strongest argument:
Please note! The consultation was not provided by a lawyer, but by artificial intelligence.