Whitebread v. Commonwealth

Even though a drug dog alerted the officer to a vehicle and three passengers were searched but no drugs were recovered from them, the arresting officer did not have a particularized suspicion to search the defendant. Thus, the circuit court should have suppressed drugs found on defendant.
The arresting officer did have probable cause to search the vehicle. However, the arresting officer also testified that a positive alert did not mean that drugs were still in the vehicle.