When Can The Police Use Dogs To Search Your Vehicle?
Ever wondered what your rights are when the police use dogs to search your vehicle? In California, the use of canine units during traffic stops raises many questions, especially for those accused of a crime. Understanding when and how police can legally deploy dogs to sniff around your vehicle is crucial. This blog post will walk you through the ins and outs of this topic, helping you stay informed and protected.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
The Legal Framework for Canine Searches
The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This amendment is the backbone of your rights when dealing with police searches, including those involving canine units.
When Can Police Use Dogs?
Probable cause is not required for a dog sniff. All that is necessary is a legal reason for a traffic stop, such as speeding, running a stop sign, broken taillight, etc. and it cannot take longer for the dog to get there and sniff than a typical traffic stop takes for cops to write a ticket. One of the most debated issues is how long police can detain you while waiting for a canine unit to arrive. The law stipulates that the wait time must be “reasonable.” But what constitutes reasonable can vary widely.
Real-World Example: People v. Valle
In People v. Valle, the defendant was pumping gas when a police officer saw he had no license plate and recognized him as a local gang member. The officer and his partner requested a canine to conduct an “open air sniff” for weapons. The officers pulled the defendant over for a traffic stop and wrote him a ticket while the canine unit arrived. This took about 5-10 minutes. The canine alerted to a firearm in the car. At trial, the defendant argued the canine search violated his Fourth Amendment rights because the traffic stop was “unduly long” while waiting for the canine unit to arrive. The trial court agreed and the appeals court reversed reasoning that the 5-10 minutes it took to write the ticket and wait for the canine unit was not “unduly long” for a typical traffic stop. (People v. Valle).
Contesting an Illegal Search
If you believe a canine search was conducted illegally, you can contest it in court. Grounds for contesting include lack of probable cause, unreasonable wait times, and improper conduct by the canine unit.
Collecting as much evidence as possible, including video recordings and witness statements, can strengthen your case. Your attorney can help you gather and present this evidence effectively.
Having a knowledgeable attorney is crucial when contesting an illegal search. They can guide you through the legal process, help you understand your rights, and build a strong defense.
The Impact of an Illegal Search
An illegal search can significantly impact the outcome of your case. Evidence obtained through such a search is often inadmissible in court, which can lead to the dismissal of charges.
Successfully contesting an illegal search can also lead to changes in police conduct. It sends a message that unlawful behavior will not be tolerated, potentially preventing future violations.
Raising awareness about illegal searches can benefit the broader community. It helps others understand their rights and encourages them to stand up against unlawful practices.
What to Do If You’re Stopped
Stay Calm and Compliant
The first rule is to stay calm. Getting agitated can escalate the situation. Comply with lawful orders but be aware of your rights.
Document Everything
Take note of all details, including the time, the officers involved, and any witnesses. This information can be invaluable later.
Seek Immediate Legal Advice
If you believe your rights have been violated, seek legal advice as soon as possible. An attorney can guide you through your options and help you take appropriate action.
Contact Wallin & Klarich Today
If you believe you were subjected to an illegal search, you need to contact an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.