Despite refusing to grant a police officer permission to search his car, a Missouri City man ended up arrested yesterday when the officer’s police dog alerted on the vehicle, giving the officer probable cause to search the vehicle anyway.
Around 2:30 p.m. Monday, a K9 unit police officer pulled over 26-year-old Garry Ousley in the 1700 block of Arcott. According to reports, Ousley stopped his car in a driveway and got out in a hurry. The officer stopped him at the front door of the residence and asked him what he was doing. Ousley said he was trying to find someone.
The officer asked him if he had anything illegal on him or in the car, and Ousley said no. Ousley also said no when asked if the officer could search his car. When permission was not granted, the officer let his police dog, Dasty, out of the patrol car and the dog alerted on the car’s passenger side front door.
Police dogs are trained to detect the smell of marijuana and various other drugs. When Dasty indicated there were drugs in the car, it gave the officer probably cause to search the vehicle.
According to police, the officer found a bag of marijuana in the center console, as well as a large amount of cash. Also in the car were about 180 pirated DVD’s, many which have not been released yet and are still in theaters. There was more than one copy of every movie.
Ousley was arrested and charged with possession of marijuana in a drug free zone, due to the close proximity of Quail Green West Park, and fraudulent simulation, both Class A Misdemeanors. Police confiscated the drugs, money and DVD’s.
Good Job officers, no doubt this dude was up to no-good hence the noun, nogood. however, my dog is sniffing around my trusy copy of the US constitution and it says….suspicious behavior doesn’t really mean probable cause, toss this one up as a tie and tag & release. I know the current law and order disagrees but based on the way I read it, he said no, you do not have permission to search my car and that means the drug dog too.