In May of 2011, one of my clients was stopped in Hartley County for speeding. He was headed north on US Highway 87. (DPS officers in Hartley County & Dallam County have stepped up their efforts at drug interdiction in the last year or so along Highway 87 which is a major route between the high plains of Texas and Colorado.) During the course of the traffic stop, the state trooper asked for consent to search the vehicle. My client denied consent to search his vehicle. The state trooper then called for a drug-sniffing canine to do a free-air search of the vehicle. According to the dog handler, the dog hit on the vehicle. The officers then conducted a search of the vehicle and found edibles containing Tetrahydrocannabinol (hashish) and a few mushrooms containing Psilocybin.
My client was arrested and subsequently charged with two counts of possession of a controlled substance.
We filed a motion to suppress alleging that the officer did not have reasonable suspicion to detain my client until a drug dog arrived on the scene. We also challenged the purported hit by the drug dog. After an evidentiary hearing on the motion to suppress, the Court granted our motion and suppressed all evidence in the case. In July of this year, the State dismissed the criminal charges filed against my client.