San Diego Criminal Lawyers Blog
Fourth Amendment protections guard Americans from unreasonable searches and seizures. However, the use of dogs in helping to conduct searches for contraband and drugs is quite common throughout the country. That is where the potential for violations of these protections can become a serious issue.
Traffic Stops
Police dogs are often used during traffic stops. To be clear, police are required to have a legitimate reason to stop a vehicle in the first place, such as witnessing an improper lane change, for example. You can be pulled over and issued a citation, but they must have probable cause to believe you have committed a crime or see evidence of a crime in order to search the vehicle without your permission. In other words, without your consent, they cannot search, and a dog cannot even circle the outside of your vehicle. Additionally, police cannot force you to wait around longer than necessary in order to get a dog to the scene, and they cannot use the dog to obtain probable cause of a crime without your advance consent.
If an officer reasonably believes that there are exigent circumstances, they can prolong your stop. That would mean there is evidence to suggest:
- You have a weapon on your person or within arm’s length;
- You are likely to destroy evidence of a crime.
How Accurate are Dog Searches When they Occur?
In a study conducted by the Chicago Tribune, researchers concluded that just 44% of dog alerts led to findings of drugs or drug paraphernalia. However, in the case of Latino drivers, the accuracy rate for the dogs dropped to a ridiculously low 27%. Both statistics are alarming, and the discrepancy amplifies concerns. What could be the reason behind this inconsistency? It is illogical to think the dogs could be racist! Dog experts believe the problem lies with the handlers, who can inadvertently or intentionally miscue their dogs when they take them around a vehicle too frequently or too slowly. When handlers are more suspicious of particular individuals, the dogs could be given indications that they should alert.
At Your Home
Privacy protections in your home are guaranteed by the Fourth Amendment, as well. In order for police to bring a dog to your home, they must have probable cause. The dog is not allowed at your door or on your porch or unless officers have a warrant, probable cause, or your consent.
Airport Sniffers
In an airport, it is not considered a search when a police dog sniffs luggage randomly, and officers have no need for probable cause when bringing dogs through. There are several types of screening dogs that are commonly found in airports:
- Drug-sniffing dogs in search of narcotics;
- Bomb-sniffing dogs in search of bomb components, C-4, and TNT;
- Dogs searching for agricultural contraband such as banned foods and/or invasive species.
Protecting Your Rights
The experienced criminal defense lawyers at Boertje & Associates always fight to protect the rights of our clients. If you have had a run-in with the law, schedule a confidential consultation in our San Diego office today.