Pesky Drug Dogs & Your Rights
Those pesky drug sniffing dogs and your rights.
Some studies have shown that drug-dog alerts aren't always correct, and in fact can be wrong up to 50 percent of the time. Those false positives can lead to further searches, and in some cases, property being seized and never returned.
Always remember that you do not have to consent to any searches or seizures.
It is perfectly legal for a police drug dog to sniff the outside air around your vehicle during a traffic stop. However, one can’t be held any longer than necessary for law enforcement to complete the investigation and end the traffic stop. Law enforcement saying that it will take a couple of hours to get a dog here to sniff around the vehicle could be an unlawful detainment.
Another factor to consider is that not everyone knows the dogs’ alert signs. Does the dog sit down, bark, or lay down. Could the handler be confusing the dog for a false positive or issuing the dog a physical cue to alert. This could happen if law enforcement makes it a priority to search for in a vehicle.
How does it look if the dog alerts and then nothing illegal was found.
If you think you've been the victim of an illegal dog search, contact an experienced criminal defense attorney as soon as possible.
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