Chain Of Custody Concerns

Summary

In Idaho, maintaining the chain of custody is essential for evidence admissibility. If evidence, like a baggie, was left unattended and its location changed, it could be grounds for questioning its integrity. Probable cause for a K9 sniff requires more than just expired plates, such as visible signs of illegal activity or reliable informant information. Consulting a local attorney can provide specific guidance on these issues.

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James
Hi James! What's the legal issue you're dealing with in Utah?
I'm actually in Idaho
Got it, James! Since you're in Idaho, could you share a bit more about the legal issue you're facing so I can provide the best information?
So I was pulled over for expired plates, and the cop decided to call a K9 unit and do a free air sniff. He said it signaled so he searched. He says he found a baggie with .* grams of something in it. He comes back to the front of his unit where I am and sets the baggie on the hood, and goes back to continue searching. While he does that the baggie blows away in the wind. He comes back * minutes later and then it takes him another * minutes to find it. Do you think that this is a sufficient reason to exclude the evidence due to chain of custody laps?
Hey James! In Idaho, chain of custody is crucial for evidence admissibility. If the baggie was unattended and its location changed, it might be grounds for questioning the integrity of the evidence. Consulting a local attorney for detailed guidance would be beneficial.
What can constitute probable cause to do a free air sniff when just pulled over for expired plates?
Case Rating: *
Probable cause for a free air sniff can include:
- Visible signs of illegal activity (e.g., drugs or paraphernalia in plain view)
- Behavioral cues indicating possible criminal activity
- Information from a reliable informant
Without additional suspicious factors, expired plates alone may not justify a K9 sniff. Consulting with a local attorney could provide more clarity specific to your situation.