Asked 1/25/2016 – Dalhart, TX

My partner Jon Doe and I were pulled over in Dalhart, TX for doing 93mph in a 75mph zone. I was driving & I gave over all of my documentation but the attention shifted to Jon who apparently had a marijuana issue from 2012 on his record (which was expunged).
Because of Jon’s apparent nervousness he was asked to step out of the vehicle & questioned & I was eventually asked to do the same. When asked, I refused for my vehicle to be searched. There were police vehicles present & 3 officers at this time. The officer stated that a police dog would be on it’s way since I did not give consent to be searched & if the dog barked signaling something was in the vehicle they would conduct a search.
The dog arrived, circled the vehicle & barked once signaling something was in the vehicle. A empty vaporizer (belonging to me) & 2 tubes of some kind of pain balm/rub similar to Bengay (belonging to Jon) which *may* have had less than .10% of THC or CBD listed as a ingredient was found. Jon explained it was purchased at a WholeFoods but the officers said they would need to have it tested & it’s not for them to decide. Jon is now sitting in County awaiting arraignment and our trip was ruined.

Answer

It appears the initial stop is OK (the traffic citation), but the length of detention is in question. If you were given a citation then signed the ticket, you should have been free to leave. If, after the initial contact, the officer had “reasonable suspicion” of another offense, the officer can investigate further. This is very fact specific, so an attorney would have to obtain the officer’s dash-cam/body-cam and see exactly what was said and how everyone was acting to determine of the detention was legal.