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Imy son in law what arrested for possession of less than 1 gram of synthetic marijuana. According to both him and the driver of the vehicle he was riding in, they were stopped for driving 50mph in a 45mph zone. The driver was no intoxicated, nor was he driving erratically. My son in law states that after he provided his ID to the officer, they were told that the officer was going to perform an open air sniff with the K9 unit. Both my son in law and the driver claim the dog never indicated that there was something in the vehicle yet however the vehicle was searched anyway. My son in law and driver also state that the officers never field tested what they found. My question is if the driver did not show any sign of impairment and was stopped for going 5 miles over the speed limit, did the officer have a reason to do an open air sniff leading to the arrest. And should my son in law file a motion for the evidence to be suppressed?
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