In this article, you will discover:
Probable cause means that the police officer on the scene has a reasonable suspicion that drug activity is taking place. Keep in mind that the Fourth Amendment protects citizens against unreasonable searches and seizures. However, probable cause is an exception to the Fourth Amendment, and a warrant is not required in such cases. Therefore, if a police officer believes there’s marijuana in a car because he smells marijuana, that means he has probable cause to search your vehicle.
You should know your Fourth Amendment rights and not give your verbal consent to a search. Often, people make the mistake of consenting. If you consent to a search or if there’s probable cause, police can search your personal belongings.
Police can use drug-sniffing dogs under certain circumstances if there’s probable cause to do so (such as when an officer smells marijuana in your car). There’s also something called the “free air” exception; as long as the stop is legal and there are no significant delays, police officers are allowed to walk around your car with a dog and let it sniff the air freely.
There are some other exceptions for drug searches with dogs. In airports, drug-sniffing dogs are allowed because it’s a public setting and a matter of public safety. In schools, drug-sniffing dogs are permitted if there’s probable cause to think that there are drugs present in somebody’s backpack.
You should invoke your right to remain silent. Refrain from commentary, don’t answer any questions, and admit nothing. You should then consult with a lawyer as soon as possible to explore what defenses are available to you.
For more information on drug search rights in Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 681-4000 today.