Sunday, June 26, 2016

SHIFT IN THE WRONG DIRECTION?

At The Law Offices of Randall J. Craig we provide criminal defense to those accused of a crime.  Part of that service is finding where the prosecutor or law enforcement has erred in the investigation of the crime itself.  We recently handled a case whereby the the police showed up with their trained dog some 65 minutes after a a car was stopped for transporting narcotics.  It is already settled that a trial court may err by “suppressing evidence” in a drug transportation prosecution in finding a lack of reasonable suspicion for an additional 40 minute detention required to allow a narcotics drug sniff dog to arrive at the scene in a case involving a police officer that is highly experienced in drug interdictions who forms a reasonable suspicion based on the suspect’s suspicious actions/inconsistent statements, his driving a rental car with no personal belongings inside, his extensive criminal history involving transporting drugs, and the presence of unmarked and sealed shipping boxes with “very solid weight” consistent with drug packages in the trunk of defendant's vehicle that defendant refuses to allow the officer to open.

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