This case involves a woman who was pulled over by the police. During the traffic stop, the trooper smelt an odor of cannabis coming from inside the vehicle. At that time, another trooper stopped and was asked to assist with a free air sniff of the vehicle with his K-9. As the second trooper retrieved his K-9, the first K-9 performed a free air sniff of the vehicle. Neither of the two K-9 dogs ever smelled the cannabis while at the scene. In spite of this negative result, the troopers searched the plaintiff vehicle while the plaintiff was held in one of the squad cars. During the search of the vehicle, the troopers discovered a large amount of cannabis under the back seat of the car.
Question(s) For Expert Witness
1. Are you familiar with the different ways to conceal the smell of contraband?
2. Are you able to inspect the alleged cannabis for weight and chain of custody?
3. Was the search of the plaintiff's vehicle that was executed by police legal?
Expert Witness Response E-007697
I am familiar with and have taught classes to police officers in how people transport drugs and attempt to conceal the smell. Unless I am missing something, the checking of the cannabis for weight would merely consist of weighing it on a certified scale. I have also taught police officers classes on chain of custody requirements and issues. Your description of the events immediately preceding the handcuffing and search seem to indicate a lack of the prerequisite probable cause necessary to make such a search and seizure.
About the author
Joseph O'Neill
Joe has extensive experience in online journalism and technical writing across a range of legal topics, including personal injury, meidcal malpractice, mass torts, consumer litigation, commercial litigation, and more. Joe spent close to six years working at Expert Institute, finishing up his role here as Director of Marketing. He has considerable knowledge across an array of legal topics pertaining to expert witnesses. Currently, Joe servces as Owner and Demand Generation Consultant at LightSail Consulting.
