Quote:
Originally Posted by Eric Coffey
I could be wrong, but I don't think that is entirely correct. AFAIK, Police can (and do) still deploy K9's for perimeter sniffs without any warrant required. The dog usually comes out after a suspect refuses consent for a vehicle search. I believe the only difference now (as of a couple years ago?) is that you can't be detained for any unreasonable amount of time to wait for a K9 to show up. If the K9 is already there, or arrives prior to a citation being written/given (or what would be considered a "reasonable" amount of time to issue a citation), then it's fair game. Of course, if/when a dog indicates during a perimeter sniff, that gives further PC for an interior search.
It's still a method with plenty of potential for abuse and rights violations, IMO. Not only can a dog's "indications" (hits) be up for interpretation (or completely made up), but another "trick" is to leave a suspect's car door wide open if/when pulling them out prior to a K9 walk-around. The dog then pokes it's nose in and "indicates", legally allowing it to go inside the vehicle (and then a subsequent full search by the officer).
Another trick is when someone refuses consent to search during a citation that has the potential for the vehicle to be towed/impounded.
If an officer makes the call to have a car towed, they are typically allowed to "inventory" the contents prior to the tow. |
You are correct - thanks for the clarification. I looked into this and discovered that if a canine arrives on the scene of a "normal" traffic stop, they can go ahead and sniff around. The moment the cop hands you the ticket, and the "normal" traffic stop is concluded, you cannot be further detained to wait for the arrival of a dog. If the officer just stalls and delays, rather than completing the "normal" traffic stop in a timely manner, anything the dog subsequently finds is likely to be tossed.
Sorry, I did have the details wrong. In other words, law enforcement cannot just hold you indefinitely, waiting for someone with the dog to show up.