Dog Sniffs

In this blog post, I will address when and how law enforcement can use a canine to sniff for

contraband in your car. In Illinois v. Caballes, 543 U.S. 405 (2005), the Supreme Court found

that a canine sniff of a car does not necessarily violate a defendant’s rights because “the use of a

well-trained narcotics-detection dog during a lawful traffic stop generally does not implicate

legitimate privacy interests.” If pulled over for a traffic violation, a canine sniff can become

unconstitutional “if it is prolonged beyond the time reasonably required to complete that

mission.” In other words, an officer cannot make you wait for a drug-detection dog to arrive at

the scene beyond the time necessary to issue the traffic ticket.

For instance, in Rodriguez v. United States, 575 U.S. 348 (2015), an officer saw Rodriguez veer

onto the shoulder of a highway and pulled him over. After issuing the ticket, the officer asked

Rodriguez to consent to a drug-detection dog sniff of his car, but Rodriguez said no. The officer

made Rodriguez wait about seven or eight minutes until a second officer arrived and walked the

canine around the car. The dog alerted to drugs and was charged with possession with intent to

distribute 50 grams or more of methamphetamine in violation of 21 U.S.C. § 841. The Supreme

Court found that the officer violated Rodriguez’s rights by making him wait for the drug dog

unless there was otherwise reasonable suspicion to detain him.

You may also be able to challenge the dog’s credentials and argue that the dog is not “well-

trained.” A “well-trained narcotics detection dog” is “one that does not expose noncontraband

items that otherwise would remain hidden from public view.”

If your case resulted from a canine sniff that fell outside these constraints, you can argue that

your rights were violated and ask the court to suppress the evidence, such as drugs or guns,

found in your vehicle.

Contact me at 618-713-5258 for a free and confidential consultation