Know Your Rights When it Comes to Police Dogs
The Fourth Amendment protects Americans from unreasonable searches and seizures. But when police dogs are used in conducting searches for drugs and contraband, as happens regularly throughout the country, the potential for violations of these protections is at risk. It’s essential that Americans know their rights when it comes to police dogs.
Airport Searches
Police dogs in an airport operate under unique rules. Officers are not required to have probable cause when bringing dogs through an airport, because it is not considered an actual search when a police dog randomly sniffs luggage. If a dog sniffs you or your bags, remain calm and follow any instructions from officers. There are different kinds of screening dogs that are commonly found in airports:
- Dogs sniffing for TNT, bomb components, and C-4;
- Dogs sniffing for drug paraphernalia and narcotics;
- Dogs sniffing for agricultural contraband like banned foods and/or invasive species.
Home Searches
The Fourth Amendment guarantees privacy protections in your home. Probable cause (visible drugs or bomb-making equipment, for example) is required for police to bring a dog to search your home. The dog is not permitted at your door or even on your front stoop unless officers have probable cause, a warrant, or your consent.
Traffic Stops
Police dogs are regularly used during traffic stops. People should know that law enforcement must have a legitimate reason to stop a vehicle in the first place, such as observing erratic or reckless driving, for instance. In this scenario, it would be reasonable for a motorist to be pulled over and issued a citation. However, officers must have probable cause to believe you’ve committed a crime or see evidence of a crime if they wish to search the vehicle without the motorist’s permission. Simply put, they cannot search, and a search dog cannot sniff around the outside of your vehicle without probable cause (open containers or the scent of alcohol on your breath, for example) or your consent. Law enforcement cannot induce you to wait around longer than reasonably necessary while they get a dog to the scene, meaning a traffic ticket cannot take longer than usual just because officers wish to conduct a search without cause.
There is only one situation in which an officer can prolong your stop without reasonable cause or your permission: if they have a reasonable belief that there are exigent circumstances. That would mean there is evidence to suggest:
- There is a high probability that you will destroy evidence of a crime, or:
- You have a gun or other weapon within reach.
Are Dog’s Alerts Accurate in a Search?
According to a Chicago Tribune study, only 44 percent of dog alerts lead to findings of drug paraphernalia or drugs. When it comes to Latino motorists the accuracy rate for dog alerts plunges to an absurdly low of just 27 percent. Both figures are disturbing, and the inconsistency between White and Latino drivers makes the problem even more distressing. What could the reason be for this discrepancy? Obviously, the dogs themselves are not racist! Dog experts suggest the problem lies with the dog handlers. When handlers are more skeptical of certain motorists the dogs could be given subtle indications that they should alert. These handlers may, intentionally or not, miscue their animals while searching the perimeter of a vehicle too slowly or too many times.
Home Searches
The Fourth Amendment guarantees privacy protections in your home. Probable cause is required for police to bring a dog to search your home. The dog is not permitted at your door or even on your front stoop unless officers have probable cause, a warrant, or your consent.
Protecting Your Rights
The experienced La Plata & Waldorf criminal defense lawyers at The Law Office of Hammad S. Matin, P.A. always fight to protect the rights of our clients. If you’ve had a run-in with the law, schedule a confidential consultation today.
Source:
npr.org/sections/thetwo-way/2011/01/07/132738250/report-drug-sniffing-dogs-are-wrong-more-often-than-right
