Скачать или смотреть When Can the Police Use Sniffer Detection Dogs?

When can the police use a sniffer detection dog? Police K9 sniffer detection dogs are highly-trained and operate at an efficient level. All issues involving police K9 sniffer detection dogs fall under 4th Amendment search and seizure law. The United States Supreme Court has defined a "dog sniff" as a "search" for search and seizure purposes. Indeed, if a police sniffer detection dog is going to sniff into a place a person has a reasonable expectation of privacy, a warrant is required.

There are 3 common questions asked when it comes to sniffer detection dogs. First, is it legal for a police dog to sniff outside a vehicle during a traffic stop? Second, it is legal for a police dog to sniff outside a person's home? Third, is it legal for a police dog to sniff a person's belongings on the street?

The first question deals with traffic stops. The police need reasonable suspicion to conduct a traffic stop on a motor vehicle. If the police lawfully stop a vehicle, the police can legally run an evidence detection dog along the outside of the vehicle during the stop. No probable cause or reasonable suspicion is required. And if the dog alerts on the vehicle, then the police do not need to obtain a search warrant and may search the vehicle without a warrant. The "automobile exception" to the warrant requirement allows a warrantless search of a vehicle after probable cause is established.

An issue that could arise in these circumstances is unlawful detention also known as a "de facto arrest." In the simplest terms, police cannot prolong a traffic stop to conduct a dog sniff. And the traffic stop may only last as long as it would take an officer to issue a citation or verbal warning.

Indeed, some law enforcement agents will attempt to hold a driver at the scene and call for a K9. However, if police hold a person at a traffic stop for too long (longer than it takes to issue the citation) then there may be a "de facto" arrest. If this occurs, the court will likely find this is an unlawful detention and the case will be dismissed.

Question number two raises an issue as to whether a police dog may sniff outside a person's home without a warrant. Police are never allowed to walk into a person's yard with a drug sniffer dog. And they certainly cannot walk on a person's front porch or around the house with a sniffer dog without a warrant.

Question number three poses the question of whether a police dog can randomly sniff a person's belonging on the street. The only way a police dog sniff may happen is if a person consents to let the dog sniff their belongings. Or, if law enforcement has established reasonable suspicion and then probable cause supporting a warrant. It is important to note a search warrant is required to open the bag, even if a dog alerts on it. This is different than a vehicle stop and the "automobile exception" where probable cause authorizes a warrantless search of an entire vehicle.

Dog detection sniffer dogs are used in many types of criminal investigations. It is important for anybody under investigation to consult with an retain an experienced criminal defense attorney.

In this video, Tempe, Arizona's best criminal defense and DUI attorney Jeremy L Huss of Huss Law discusses when the police can use a sniffer detection dog.

When Can the Police Use Sniffer Detection Dogs?
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