Have your rights and privacy been violated because of unwarranted canine drug searches? Are you unsure of your rights in respects to a canine search of your home or car? Even for people who know their rights, the laws on drug dog searches can get a little tricky. For instance, did you know that a canine sniffing the outside of your car in NOT considered a search? The U.S. Supreme Court ruled that the scent of drugs wafting from your car are in the public space. It used to be that the police needed an “articulable suspicion” in order to bring their canine up to your car. However, in 2005, in Illinois v. Cabelles, the U.S. Supreme Court ruled that the police needed no such articulable suspicion to summon a police dog to your car during a traffic stop. So if the police officer is writing you a ticket for broken tail light, he or she can have the drug dog right up beside the car (but not inside). If the dog indicates that it smells drugs, the police may then search your vehicle.
Fighting Illegal Canine Drug Searches
Common misconceptions about the laws of compliance as they relate to canine drug searches can lead to a violation of rights. For instance, the law does allow a canine to accompany an officer on a routine traffic stop, but it is illegal for that officer to delay the traffic stop unnecessarily while the dog searches. Additionally, if your traffic violation ticket has already been written, an officer cannot require you to keep your vehicle on the side of the road while you wait for the drug dog to arrive.
These are just some of the laws in play when fighting an unwarranted canine search. Even the drug dog itself is typically not met with very much reliability by a judge. Because of the prevalence of cocaine and marijuana in our society, trace amounts of these drugs can be found all over, particularly on paper currency. It is not unusual for a drug dog to “alert” on a car only to find money.
Canine Drug Searches Lawyer in Nebraska
Unfortunately, police do not always follow these rules as they should, and suspects end up having their rights violated. In cases where officers conduct illegal searches, it is sometimes possible for defendants to have evidence exuded from trial. It these types of cases, defendants in drug cases work with an experienced attorney to scrutinize the police work that led to charges against them.
Attorney Dan Stockmann has the credentials to ensure your rights stay intact, with over 15 years specializing solely in criminal defense work. In addition to having handled drug cases in almost every county in Nebraska, he has also had the distinction to be named in the National Trial Lawyer’s Top 40 Under 40. Dan Stockmann’s expertise can ensure that you receive the best legal representation to overcome charges related to canine drug searches.