Your Rights Regarding Police Dogs

Americans have Fourth Amendment protections guarding them from unreasonable searches and seizures. But the use of dogs in conducting searches for drugs and contraband occurs regularly throughout the country making the potential for violations of these protections a serious consideration. It’s imperative that Americans know their rights when it comes to police dogs.

Traffic Stops

One scenario where police dogs are frequently used is during traffic stops. Police must have a lawful reason to stop a vehicle in the first place, such as seeing a vehicle veering across lanes, for example. The motorist could be pulled over and issued a citation in such a case, but officers must have probable cause to believe you’ve committed a crime or see evidence of a crime if they wish to search the vehicle without a motorist’s permission. To put it succinctly, they cannot search, and a dog cannot even sniff around the outside of your vehicle without your consent. Police cannot even force you to wait around longer than necessary while they get a dog to the scene, so a traffic ticket cannot take longer than usual just because they want to conduct a search.

If an officer reasonably believes that there are exigent circumstances, they can lengthen  a stop. That would mean there is reason to believe:

• The motorist is liable to destroy evidence of a crime, or:
• The motorist has a gun or other weapon within arm’s length.

Are Dog’s Alerts Accurate in a Search?

The Chicago Tribune conducted a study where examiners determined that merely 44 percent of dog alerts led to findings of drug paraphernalia or actual drugs. In the case of Latino motorists, however, the accuracy rate for dog alerts plunged to a preposterously low 27 percent. Both figures are alarming, and the incongruity for Latino drivers magnifies concerns. What could the reason be for this discrepancy?  It’s ridiculous to think the dogs themselves could be racist!  Instead, dog experts imagine the problem lies with the dog handlers, who may, deliberately or unintentionally miscue their dogs when they take them around a vehicle too slowly or too many times When handlers are more skeptical of certain motorists the dogs could be given subtle indications that they should alert to a non-existent issue.

Searches of Your Home

The Fourth Amendment ensures privacy protections in your home. Law enforcement must have probable cause in order for police to bring a dog to your home. The dog is not permitted at your door or even on your front stoop or porch unless officers have probable cause, a warrant, or your consent.

Airport Dogs

Sniffing police dogs in an airport operate under different rules. Officers have no need for probable cause when bringing dogs through an airport, and it is not considered an actual search when a police dog sniffs luggage randomly. There are different kinds of screening dogs that are commonly found in airports:

• Bomb-sniffing dogs looking for TNT, bomb components, and C-4;
• Drug-sniffing dogs looking for drug paraphernalia and narcotics;
• Dogs looking for agricultural contraband including banned foods and/or invasive species.

Protecting Your Rights

The experienced Miami criminal defense lawyers at The Law Office of Julia Kefalinos 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 Miami office today.

Source:

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