Use of Police Dogs at Traffic Stops

During traffic stops, police sometimes use K-9 dogs to sniff for drugs or other illegal substances. Two key Supreme Court cases have evaluated how far police may go in their use of dogs at roadside stops.

In the first case, Illinois v. Caballes, 543 U.S. 405 (2005), the court considered whether using a drug dog at the scene of a roadside stop was an unreasonable search. The drug dog alerted at the scene, leading to the defendant’s arrest for marijuana trafficking. While the Illinois Supreme Court said that the search was unreasonable, the Supreme Court disagreed, determining that police did not need reasonable suspicion that a crime had been committed to use a drug dog while a legitimate traffic stop was already underway. The dog’s alert to the presence of illegal drugs then gives the police probable cause to search the vehicle.

Crucially, the second case involved the length of time police can hold a driver at a traffic stop to have a police dog sniff the vehicle. In Rodriguez v. U.S., 575 U. S. __ (2015), the defendant swerved his car onto the shoulder and back into the lane. A police officer who happened to have a K-9 dog in the car pulled the driver over and spent about 20 minutes talking to the driver and his passenger, running records checks, examining driver’s licenses, and writing a ticket. Then the officer asked the driver for permission to walk his police dog around the car. The driver said no. The officer then ordered the driver to exit the vehicle and stand outside to wait for a second officer to arrive. After the second officer arrived, they led the K-9 dog around the car twice, at which point the dog alerted to the presence of drugs.

The Supreme Court considered whether use of the police dog was an unreasonable search. Its opinion said that while police dog searches are permissible, extending the time for the search to allow a dog sniff is not. The officer who makes the traffic stop cannot prolong the detention beyond the time reasonably required to complete the purpose of the stop. Once a ticket has been written, the purpose of the stop is completed and a suspect should not be held longer to wait for a dog sniff. However, it does not matter if the sniff takes place before or after the ticket is written – the key is whether the dog sniff makes the traffic stop take longer than it otherwise would have.

In sum, police may use police dogs to sniff your car at a traffic stop as long as the stop was legitimate. Use of the dog may not extend the completion time for the stop.

Charged with possession of controlled dangerous substances during a DUI traffic stop? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.