Can a Dog Search my Vehicle?

Lerner & Rowe Law Group
K9 Sniff

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Can a K-9 Unit Search my Vehicle?

A K9 sniff is a common investigative tool used by law enforcement in drug investigations. Often, the police K9 is called to a traffic stop where the arresting officer has a belief that the stopped vehicle may contain drugs; such as marijuana, cocaine, or methamphetamine.

The answer to the questions above is, it depends. An exterior sniff of a lawfully stopped vehicle is generally permitted by law; but there are variables that a criminal lawyer can explore to render the sniff invalid.

The Alert, Sniff Sniff

Each dog is trained to give a specific alert when the animal has a “hit,” meaning its nose is telling him it’s detected an odor of an illegal substance. The hit or “final alert” can be something like the drug dog pawing at a location or sitting down. There can sometimes be a distinction between a “final alert” and merely an “indication” that drugs may be present. Often this is treated as a distinction without a difference. But, with skilled questioning by a criminal lawyer of the handling officer, it may cause doubt as to whether the sniff gave the police the necessary probable cause to search the vehicle. For example, the criminal lawyer may be able to establish that the alert by the dog was a “false alert” or a “miss,”; thereby causing doubt as to whether the dog was really hitting on an odor of an illegal substance.

Police K9 and K9 Handler Training and Experience

Relevant to the determination as to whether the K9 sniff was valid is the training and experience of the dog and its handler. Each must complete extensive training, and records are kept of the duo’s certifications, training, and even success rate. An experienced criminal lawyer will know what records to ask for and how to use them to prepare a defense or motion to suppress related to the dog sniff.

Waiting for the Dog…

An officer may not prolong a traffic stop in order to conduct a dog sniff without independent evidence of criminal activity. If stopped for speeding and the officer checks your license and registration and issues the citation, they cannot continue to keep you on the side of the road to wait for a dog unless there’s a reasonable basis to believe evidence of a crime may be located in the vehicle. If police unreasonably prolong the traffic stop, a criminal lawyer may be able to file a motion to suppress for an unlawful search.

Location, Location, Location

Dog sniffs are also implicated in searches of luggage at airports or sometimes the exterior of a home. Different legal principles apply in these scenarios; so it’s important to contact a knowledgeable criminal lawyer to review your case. Specifically, to determine if the use a drug dog was legal.

Contact an Experienced K9 Sniff Criminal Attorney Today

The criminal attorneys with at the Lerner and Rowe Law Group have represented hundreds of clients charged with drug crimes; including possession of marijuana for sale, possession of methamphetamine, and possession of narcotic drugs.

When arrested for a crime it’s important to seek legal representation immediately. The Lerner and Rowe Law Groups offers free consultations and affordable payment plans. Requiring a criminal defense lawyer is an unexpected expense. We do our best to provide our clients with a reasonable and affordable payment plan to accommodate each client’s unique needs and circumstances.

Give us a call today at 602-667-7777 to schedule your free consultation. You can also fill in the intake form on our website. So, don’t wait! Contact us. We look forward to hearing from you and also answering your questions. 

The information on this blog is for general information purposes only. Nothing herein should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.