When Can Police Use a Drug Dog Sniff to Search Your Vehicle?
What starts as a routine traffic stop, can quickly turn into a high stakes encounter when police suspect drugs are involved. The key though is how and why the police ‘suspect’ the presence of drugs. And, trust us, we have seen “creative” bases for the raised suspicion – sometimes leading to cases being dismissed because the creativity was unconstitutional. When police have raised suspicions, an option they can utilize is a drug dog sniff for the outside of the vehicle. For instance, in a recent Minnesota Supreme Court case, the use of a drug-detection dog led to the discovery of over 400 grams of methamphetamines. The Court had to determine whether the police officers had enough reasonable suspicion for the drug dog sniff in the first place.
Your Rights With Drug Dogs
If you are ever stopped by the police, it is important that you know your rights in these situations. For law enforcement to request a dog sniff they must have a reasonable, articulable suspicion of drug-related criminal activity. This means that police officers must observe specific, objective facts that point towards potential criminal activity before appropriately using a drug dog sniff around a vehicle. Under both the United States and Minnesota Constitutions, once on the scene, a dog sniff of the exterior of a vehicle does not constitute a “search,” essentially allowing officers to bypass the Fourth Amendment warrant requirement.
But how long can officers detain you when waiting for a drug dog? In Minnesota, officers may only detain an individual for as long as “reasonably necessary to effectuate the purpose of the stop.” Generally, this means the length of the detention should be limited to the time it takes to address the reason for the initial stop. Federal rulings, however, have provided some perspective on what this means in practice. The United States Supreme Court held that the stop – which lasted less than thirty minutes – was not reasonable because the duration exceeded the “seizure’s mission.” Rodriguez v. United States, 575 U.S. 348, 135 S. Ct. 1609 (2015). Succinctly, the duration of the stop must be tied to the reason for the stop and investigation. To hold someone over for a drug dog sniff requires additional information to justify the suspected drug crime.
Turning to the recent Minnesota case, in State v. Garding, officers conducted a drug dog sniff on the defendant’s parked car during a traffic stop. The officer observed signs of possible drug use including the passenger’s appearance, a suspicious plastic bag in the vehicle, and the defendant’s attempted evasion from the scene. After observing all this, the officer decided to conduct a dog sniff on the defendant’s vehicle. The defendant challenged the search, arguing that the officer lacked reasonable suspicion to conduct the dog sniff in the first place.
The Minnesota Supreme Court’s decision hinged on what is known as the “totality of the circumstances,” which means that the court must consider all relevant factors of information to make their decision. The Court held that while each factor – the nervousness of the defendant’s behavior, the plastic bag, and the attempt to evade the scene – might not justify a dog sniff alone, when coupled together, they presented a compelling picture that suggested potential criminal activity, and thus meeting the threshold for reasonable suspicion. With that being said, it is very case specific and requires a strong defense to counter these weak bases for believing drug activity is afoot.
Contact a Minnesota Criminal Defense Attorney Today
This case is significant because it reinforces the idea that police officers can utilize drug dogs without the need of a warrant, and can rely on the cumulative weight of various suspicious circumstances to justify a search, even when each individual factor may seem weak. If you find yourself in a situation where a drug dog is present, it is critical to consult with a Minnesota criminal defense attorney that understands the complexities of constitutional laws and the specific strategies needed to protect your rights. The North Star team is the one you need to fight and counsel you through these challenging times.