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Virginia Court Rules Positive Alert by Narcotics Dog Was Not Sufficient Probable Cause to Search Passenger
October 04, 2009
The Virginia Supreme Court has held that a positive alert on a vehicle, detained after as traffic stop, by a trained narcotics detection dog, certified to detect the odors of marijuana, cocaine, heroin, and methamphetamine, combined with the subsequent fruitless searches of the vehicle, the driver, and two passengers, did not provide sufficient particularized probable cause to allow a search of the only remaining passenger in the vehicle.
Attachments:
VaSupCt-Whitehead2.pdf
