State v. Mitchell

The opinion of the court was delivered by

Lockett, J.:

A motorist was stopped for speeding. After a police officer had information necessary to issue a citation, he questioned the motorist about drug usage and requested permission to search his pickup truck. The motorist denied the officer permission to search the truck. The officer informed the motorist that because he did not consent to a search, a drug-sniffing dog would be brought to the scene. If the dog sniffed drugs, the vehicle would then be searched without the motorist’s consent. The motorist then capitulated and agreed to a search.…