My question involves criminal law for the state of: Arizona my companion was driving to one of his properties,when he got there he exited his vehicle and then a K-9 patrol suv pills on to the property that was roped off with posted no trespassing signs.
Then 3 more police vehicles arrive. The K-9 cop tells my companion that there is a warrant for his arrest. My companions explains that the office has the wrong person the warrant is for his brother who's name is just flip flopped from his first and middle. At lest One of the detectives on seen was aware of this fact because he had attempted to arrest my companion 6 months earlier but my companion had the officer contact the booking desk at our county jail and had them forward photos of both brothers to prove he was not the one they were looking for.
The k-9 cop didnt even have a copy of the arrest warrant in fact it wasn't even faxed to the police station until an hour after my companion was arrested. Anyway, the warrant for his brother was for failure to pay. After they secured my companion in the back of a police vehicle the k-9 cop takes his dog on to private property and walks his dog around my companions van and claims the dog alerted on the passengers door they then search the van.
My question is what probable cause was there to do the investigative search seeing as it was not a traffic stop which they tried to claim it was in the beginning but later agreed it was not a traffic stop.
Then 3 more police vehicles arrive. The K-9 cop tells my companion that there is a warrant for his arrest. My companions explains that the office has the wrong person the warrant is for his brother who's name is just flip flopped from his first and middle. At lest One of the detectives on seen was aware of this fact because he had attempted to arrest my companion 6 months earlier but my companion had the officer contact the booking desk at our county jail and had them forward photos of both brothers to prove he was not the one they were looking for.
The k-9 cop didnt even have a copy of the arrest warrant in fact it wasn't even faxed to the police station until an hour after my companion was arrested. Anyway, the warrant for his brother was for failure to pay. After they secured my companion in the back of a police vehicle the k-9 cop takes his dog on to private property and walks his dog around my companions van and claims the dog alerted on the passengers door they then search the van.
My question is what probable cause was there to do the investigative search seeing as it was not a traffic stop which they tried to claim it was in the beginning but later agreed it was not a traffic stop.
Search and Seizure: Probable Cause for K-9 Sniff on a Vehicle on Private Property when Not a Traffic Stop
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