{"id":1167,"date":"2019-01-25T18:59:52","date_gmt":"2019-01-25T18:59:52","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1167"},"modified":"2019-01-25T18:59:52","modified_gmt":"2019-01-25T18:59:52","slug":"can-i-refuse-a-dog-sniff-search-of-my-vehicle","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/can-i-refuse-a-dog-sniff-search-of-my-vehicle\/","title":{"rendered":"Can I Refuse a Dog Sniff Search of My Vehicle?"},"content":{"rendered":"\n

The legalities of open-air canine dog sniff searches have always been a hot topic in the criminal law field. The reality is that K-9 dog sniff searches are a common law enforcement practice, and take place frequently. So the legitimacies surrounding these stops and searches continue to be complex and quite ambiguous. Continue below to learn what you really need to know about canine searches.<\/p>\n\n\n\n

\"Criminal
Criminal Defense Law Firm 317-636-7514<\/figcaption><\/figure>\n\n\n\n

The specifics of every individual traffic stop and dog sniff case are factually different, making it necessary to consult an experienced criminal defense attorney for a better understanding of canine dog sniff laws in your state, and how they might affect your case. Do this BEFORE you are faced with the question, \u201cMay I let the dogs sniff search your vehicle?\u201d Because saying \u201cno\u201d to police can result in an instant arrest, suspended license, or worse, depending on what the laws are in your state.<\/p>\n\n\n\n

Police K-9 Searches<\/h1>\n\n\n\n

K-9 dog sniff searches most often take place during a\nroutine traffic stop. The legal standard for an officer\u2019s right to pull a\nmotorist over is vague. Essentially, law enforcement can stop a driver for\nalmost any reason, so long as they have \u201cgood faith\u201d or \u201ca strong belief\u201d that\na motorist has committed a traffic violation. If later it is discovered that no\ntraffic violation actually occurred, the police officer still had the right to\nmake the stop. <\/p>\n\n\n\n

However, if it is discovered that the officer stopped the\nmotorist for invalid reasons, anything found in or around the vehicle is\nsuppressed in court and cannot be used against the motorist.  This is why a criminal defense lawyer will\ninitially ignore the legitimacy of the dog sniff search, and first determine if\nthe original traffic stop was valid to begin with.<\/p>\n\n\n\n

When a defendant wants to prove the unconstitutionality of\nan open-air dog sniff search during a routine traffic stop, they must prove two\nfacts in a court of law: <\/h3>\n\n\n\n

\u2776 There was no reasonable suspicion of criminal conduct taking\nplace that would have validated prolonging the primary reason for the stop; <\/p>\n\n\n\n

\u2777 Once the original reason for the stop was completed, they\nwere detained for an unreasonable amount of time in order for law enforcement\nto carry out the open air k-9 search; <\/p>\n\n\n\n

If an officer pulls a motorist over for a minor traffic\nviolation, issues a ticket for the infraction, and completes the process for\nsuch a stop, they have no further reason to detain the person any longer unless\nthey have reasonable suspicion that other crimes are afoot. For example, if the\nofficer discovers a warrant for their arrest, or a suspended license, they have\nthe right to take more time to investigate further. <\/p>\n\n\n\n

But if the warrant check comes back clean and everything\nelse is good, and the motorist is already issued a ticket for the original\nreason for the stop, law enforcement cannot detain the driver any longer. On\nthe other hand, if a warrantless k-9 sniff is performed during the original\nstop, and before the officers\u2019 duties of the stop are completed, the search and\nseizure procedures are NOT in violation of a motorists\u2019 constitutional rights. <\/p>\n\n\n\n

Contact a Criminal Defense Lawyer<\/strong><\/h2>\n\n\n\n
\"Criminal
Criminal Defense Lawyer 317-636-7514<\/figcaption><\/figure><\/div>\n\n\n\n

Talk to a licensed and experienced Indianapolis criminal defense attorney<\/a> for a complete understanding of your traffic stop and resulting criminal charges. Trust Attorney David E. Lewis for professional and accurate legal advice you can trust. \u00a0Call at 317-636-7514<\/strong> to schedule a free initial consultation to discuss your case and the best possibly strategies for defense. <\/p>\n","protected":false},"excerpt":{"rendered":"

The legalities of open-air canine dog sniff searches have always been a hot topic in the criminal law field. The reality is that K-9 dog sniff searches are a common law enforcement practice, and take place frequently. So the legitimacies … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[637,638,64,636,640,639],"class_list":["post-1167","post","type-post","status-publish","format-standard","hentry","category-criminal-law","tag-dog-sniff-searches-legal","tag-illegal-dog-sniff-search","tag-indianapolis-criminal-defense-lawyer","tag-police-k-9-searches","tag-refuse-a-k9-sniff-search","tag-say-no-to-k9-search"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1167","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1167"}],"version-history":[{"count":2,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1167\/revisions"}],"predecessor-version":[{"id":1170,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1167\/revisions\/1170"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1167"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1167"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1167"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}