Have your rights and privacy been breached purely because of uncalled-for canine drug searches? Are you unsure of your rights in respect to a canine search of your home or car? Even for folks who know their rights, the laws on canine drug searches can get a little tricky. For example, did you know that a canine sniffing the exterior of your vehicle is NOT considered a search? The U.S. Supreme Court determined that the scent of drugs wafting from your motor vehicle is in the public space. It used to be that the police needed to get an “articulable suspicion” in order to get their canine to your automobile. However, in 2005, in Illinois v. Cabelles, the U.S. Supreme Court determined that the police required no such articulable suspicion to call upon a police dog to your car during a traffic stop. So if the police official is writing you a ticket for ruined tail light, he or she can have the drug dog right up beside the car (but not inside). If the dog indicates that it sniffs drugs, the police may then look and search at your motor vehicle.
Fighting Illegal Canine Drug Searches
General misunderstandings about the laws of compliance as they relate to canine drug searches can lead to a violation of rights. For instance, the law does require a canine to come with a police officer on a routine traffic stop, but it is illegal for that officer to extend the traffic stop unnecessarily while the dog searches. Moreover, if your traffic violation ticket has already been written, a police officer can not obligate you to keep your motor vehicle on the side of the highway while you wait for the drug dog to arrive.
These scenarios are just a few of the laws in play when dealing with an uncalled-for canine search. Even the drug dog itself is generally not met with very much credibility by a judge. Due to of the prevalence of cocaine and marijuana in our society, trace amounts of these drugs can be found all over, especially on paper currency. It is not surprising for a drug dog to “alert” on a car only to find money.
Canine Drug Searches Lawyer in Kansas
The sad thing is, police do not constantly observe these rules as they should, and suspects end up having their rights violated. In cases where police officers conduct illegal searches, it is commonly possible for defendants to have proof dismissed from the trial. In these types of cases, defendants in drug cases deal with an experienced attorney to investigate the police work that led to the charges against them.