This may be the basis for a Motion to Suppress. The officer can stop your son for the motor vehicle violation. He can ask for documents. He can testify to what he smells while getting the documents. He cannot make the consent request predicated upon a no resulting in an additional time delay and the use of a drug dog. For example, the officer cannot say that the failure to consent is irrelevant in that I will call for a drug dog. Please call to discuss. Ed Dimon 732-797-1600
Answered on Sep 08th, 2015 at 7:24 PM