Know Your Rights When Police Drug Dogs are Around

We are all entitled to Fourth Amendment protections guarding us from unreasonable search and seizures. Police regularly use dogs to help in conducting searches for contraband and drugs. When it comes to the police use of these drug-sniffing dogs, there is a potential for violations of these protections. Always remember that when police ask you if they have your permission to bring out the dogs, you have the right to say no!

Traffic Stops 

One situation in which dogs are typically used is during traffic stops.  Police are required to have a legally valid reason to stop a vehicle in the first place, such as speeding, for example. Then, they have to have probable cause to believe you’ve committed a crime or see evidence of a crime in order to search the vehicle without your permission. That means without your consent, they cannot search, and a dog cannot even sniff the outside of your vehicle. Police cannot make you hang around longer than necessary in order to get a dog to the scene, and they can’t use the dog to obtain probable cause unless you’ve given consent for a search in advance.

If an officer reasonably believes that there are exigent circumstances, they can prolong your stop. That would mean there is evidence to suggest:

• You have a weapon that is easily accessible;
• You are about to destroy the evidence.

Problems with Dog Searches

One study by the Chicago Tribune concluded that less than half of dog alerts resulted in police locating drugs or paraphernalia. In fact, the accuracy rate was just 44 percent—except in the case of Latino drivers. Then the accuracy rate dropped to a mere 27 percent. What could be the reason behind this discrepancy?  No, it’s probably not a problem with racist dogs!  Dog experts point to the handlers, who can, accidentally or purposefully– miscue their dogs when they take them around a vehicle too frequently or too slowly.

At Your Home 

Probable cause is also required in order for police to bring a dog to your home. The dog cannot be on your porch or at your front door unless officers have a warrant, probable cause, or your consent.

At the Airport 

• It is not considered a search for a police dog to sniff luggage at an airport. They are allowed to do so without probable cause. There are several types of screening dogs that are commonly found in airports:
• Drug-sniffing dogs looking for narcotics;
• Bomb-sniffing dogs looking for C-4, TNT, and bomb components;
• Dogs sniffing for agricultural contraband in order to reduce the spread of banned foods and/or invasive species that could harm crops;
• Passenger screening dogs sniffing for drugs (although probable cause is required for a search).

Protecting Your Rights

The experienced Las Vegas criminal defense lawyers at Lobo Law always fight to protect the rights of our clients. If you’ve had a run-in with the law, schedule a confidential consultation in our Las Vegas office today.

Source:

npr.org/sections/thetwo-way/2011/01/07/132738250/report-drug-sniffing-dogs-are-wrong-more-often-than-right