IA: Dog alert on car and search of car that produces nothing permits search of the person who was sitting where the dog alerted

After seeing a woman with a backpack run to a car with the engine running in an empty parking lot of a closed business, the officer decided to inquire. They had inconsistent stories about where they’d been and what they were doing. The officer got consent to search the car but the woman refused consent to search her backpack. Instead, the officer ran a dog around the car which alerted on the passenger side of the car. A search of the car produced nothing. A search of the passenger, however, produced meth. The dog’s alert gave probable cause, and the source of the smell had been eliminated as coming from the car. State v. Becker, 2016 Iowa App. LEXIS 1239 (Nov. 23, 2016).

Defendant didn’t dispute that his turn was wide and hit the grass on the other side of the road, and that was probable cause for the stop. That led to finding the driver under the influence. State v. Olson, 2016 Iowa App. LEXIS 1240 (Nov. 23, 2016).*

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