Police Canine Sniffs During Traffic Stops
What is a “Canine Sniff Test”?
A canine sniff test, or police dog sniff test, is where the police use a trained police dog to sniff for evidence of a crime. Usually the police dog will be sniffing for drugs during a police search, as the animals can easily be trained to identify various illegal drugs.
Canine sniff tests are commonly used in settings where the police need to locate evidence, but cannot open a person’s belongings due to privacy rights. For example, canines may often be seen at airports, sniffing at the luggage of passengers who may be suspected of smuggling drugs. Or, police dogs may actually be used to sniff the clothes of a person to locate drugs. Sniff tests are also common during police traffic stops.
Can the Police Lawfully use a Dog Sniff Test during a Traffic Stop?
Yes- police officers may use a trained dog to sniff the outside of a car for drugs during a routine traffic stop. However, the police must be careful that the use of a drug sniffing canine does not violate the person’s 4th Amendment right to be free from illegal searches.
If you are being pulled over for a traffic stop, remember that the police must abide by the following guidelines if they will be using a canine to sniff your car:
- Reasonable Suspicion: The police need reasonable suspicion to initially pull you over. However they do not need probable cause or reasonable suspicion to use you a canine to sniff your car in search of drugs. For example, the police may pull you over for a broken taillight, and then proceed to have the canine sniff your car.
- Length of Time of the Dog Sniff Test: The canine sniff test cannot exceed the length of the regular traffic stop. For example, if the dog continues to sniff past the time needed to complete the traffic check, then the search has become illegal.
- Delays are not Allowed: Police may not delay traffic due to a canine sniff test. For example, if the police have to wait around while a police dog arrives, then the process has become illegal.
Finally, even with the assistance of a sniffing dog, the police must abide by all of the rules governing police searches of automobiles (such as not opening closed containers or searching your trunk without a warrant).
What happens to Evidence that was Illegally Obtained using a Sniff Dog?
Evidence that has been obtained in an illegal manner during a traffic stop cannot be used in court. The evidence will be “excluded” from evidence if the police secured it using a police dog but violated your rights in the process.
Do I need a Lawyer if I have been subjected to a Dog Sniff Test during a Traffic Stop?
You may wish to contact a lawyer if you have been pulled over and then subjected to a police dog sniff examination during the traffic stop. Police dogs are very useful in preventing many types of drug crimes. However, it is very easy for the privacy rights of citizens to be violated during a dog sniff test. Your criminal attorney can help determine whether evidence that is obtained during a dog sniff test can be used in court against you.
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Last Modified: 05-04-2011 04:05 PM PDT
