Comment: I Did not Pose a 'Probable Cause'...

(See in situ)

In reply to comment: While I'm not a lawyer (see in situ)

I Did not Pose a 'Probable Cause'...


I posed a scenario that used a 'smell' to see if restricting or invading 'the person', crossed a line for the man who made a definitive statement.

Take it one step further, the man who passed Barney, reeking of gasoline, ignores Barney's request to stop and walks into a shed at a residence immediately adjacent.

Is the 'smell' sufficient to go get the man, get a warrant, or...what...if anything?

Merely posing some food for thought and I want to be clear, I do not believe a K-9 sniff equates to probable cause or any other 'reason' to search or seize.

As to my own scenario, it would likely equate to 'reasonable suspicion', which is a lesser standard than 'probable cause' and which has been 'deemed' by our esteemed courts as sufficient to 'justify' an investigative detention.