If you have ever watched a crime thriller, you might have seen police bring out dogs to search for evidence. In the realm of law enforcement, the use of drug-sniffing dogs is a common practice during traffic stops. This raises the question, though, of whether the police can actually search your car with a drug dog without a warrant. Understanding the legal aspects of the matter will help you protect your rights both during a traffic stop and after.
Generally, police officers can use dogs to sniff cars for potential drugs during traffic stops. However, unless the police have reasonable suspicion of a crime, law enforcement cannot extend a traffic stop in order to conduct a dog sniff. If you believe that the police unconstitutionally extended your traffic stop to bring in drug-sniffing dogs, our Phoenix drug crime attorneys can advocate to protect your rights.
Matthew Lopez Law represents individuals charged with drug-related offenses in the greater Phoenix area. We thoroughly analyze each case to develop the strongest possible legal and factual defenses to the charges against our clients. Reach out to our law offices today to schedule a free consultation with a Maricopa County criminal defense lawyer.
Probable Cause and the Fourth Amendment
When it comes to matters involving the criminal justice system, Americans have certain constitutional rights. This includes the right to be free from “unreasonable searches and seizures.”
The Fourth Amendment of the United States Constitution safeguards citizens against unreasonable searches and seizures. For a search to be legal, law enforcement typically needs probable cause or a warrant (which must be based on probable cause). Broadly, probable cause is a reasonable belief that a crime has been committed and/or that a particular person is responsible for that crime.
For example, if a police officer witnesses a person punch another person while they are on patrol, they would have probable cause to stop and arrest them. If law enforcement was able to record a drug transaction through a reliable informant, that may give them enough probable cause to obtain a search warrant.
However, there are exceptions to the rule that law enforcement generally needs probable cause to search and/or seize a person. One possible exception involves drug-sniffing dogs.
When Can the Police Use a Drug-Sniffing Dog?
When a police officer stops a vehicle, they must have reasonable suspicion that a crime has occurred or is in progress. Maricopa County defines reasonable suspicion in the context of a traffic stop as a common-sense conclusion based on facts or circumstances that a crime took place or is taking place. If an officer has a valid reason to believe there are drugs in the car, for example, they can deploy a drug-sniffing dog without obtaining a warrant.
A drug-sniffing dog’s ability to detect illegal substances is often referred to as a “sniff test.” The Supreme Court has ruled that this type of non-intrusive inspection does not violate the Fourth Amendment, as it does not require a physical search of the vehicle. The dog’s keen sense of smell determines if further investigation is appropriate.
In 2015, the Supreme Court announced limits on the use of drug-sniffing dogs in the case of Rodriguez v. United States. In this case, a Nebraska man, Mr. Rodriguez, was pulled over by the police after driving on the shoulder of the road. The police officer ultimately issued a warning to Mr. Rodriguez after about 20 minutes.
However, after the warning was issued, the officer told Mr. Rodriguez to get out of the car. He then waited for a second police officer to arrive and then took his drug-sniffing dog around the vehicle twice. On the second time around, the drug-sniffing dog alerted to the presence of drugs. Mr. Rodriguez was then charged and convicted of possession of a large quantity of methamphetamine.
Mr. Rodriguez appealed the case all the way to the United States Supreme Court, arguing that the dog sniff was an unconstitutional search. The Supreme Court found that police dog sniffs during otherwise lawful traffic stops are legal under the Fourth Amendment. However, unless a police officer has reasonable suspicion that a crime is being committed, the traffic stop cannot be extended “beyond the time reasonably required to complete the stop’s mission” to conduct a dog sniff.
While a brief traffic stop and a drug-sniffing dog inspection are generally deemed constitutional, a prolonged stop without reasonable suspicion of drug-related activities may violate the Fourth Amendment. If an officer unnecessarily extends the duration of the stop without valid grounds, it may lead to legal challenges.
The use of drug-sniffing dogs during a car search is legally permissible when there is reasonable suspicion of illegal activities. Understanding your rights and the legal parameters surrounding these situations empowers you to competently navigate encounters with law enforcement.
Challenging an Unlawful Dog Sniff
If you were arrested after a drug-sniffing dog alerted to the presence of drugs during a traffic stop, you might be able to challenge the constitutionality of the stop itself and/or the dog sniff. Generally, if the traffic stop was extended beyond what was necessary for the police officer to check out your license, registration, and insurance and run a warrant check, your Phoenix criminal defense attorney might be able to file a motion to suppress.
This type of motion is a legal filing that asks the court to throw out the illegally obtained evidence. If the police violated your constitutional rights – such as by holding you for an extended period of time without reasonable suspicion during a traffic stop – the court might grant the motion to suppress. If the evidence discovered by the police dog is suppressed, then the charges against you might be reduced or dismissed.
These types of legal challenges are based on the facts of each case. There may be situations where it was perfectly reasonable for your traffic stop to be extended because there were clear signs that you likely had drugs in the vehicle. In other circumstances, if the police were effectively holding you so that they could go on a fishing expedition, the dog sniff may be considered unconstitutional.
If you have been charged with a drug-related crime in the Phoenix metro area, you will need a tough, smart defense lawyer. Matthew Lopez Law will fight for your rights and help you get the best possible outcome for your case.
Facing Drug Charges? Give Us a Call.
Convictions for drug-related crimes carry heavy penalties in Arizona. If you have been charged with a drug offense in Phoenix, we can help. We will thoroughly analyze every aspect of your case to develop the strongest possible defense.
Matthew Lopez Law fights for the rights of clients dealing with DUI, sexual assault, traffic violations, drug charges, and other criminal charges. We offer free initial consultations so that you can understand your legal rights and protect your interests. To learn more or to schedule a free consultation with a Phoenix drug crimes attorney, contact our law firm today at 480-608-9998 or fill out our online contact form.