Can Georgia Police Use Drug Dogs During a Traffic Stop?
One of the most common ways in which a drug investigation starts is through a traffic stop. A person can be stopped for a minor offense, like speeding, but the situation can rapidly change if police suspect that there are drugs present in the vehicle. Police officers often employ one of their most common techniques in such a situation: the use of a drug-sniffing dog. It is important for a person to understand when police officers can legally employ the help of a K-9 unit during a traffic stop.
When can police use a drug dog?
According to both federal and Georgia law, law enforcement officers can utilize trained canine units to sniff the exterior of a vehicle during a legal traffic stop. The courts have generally found that a dog sniffing the exterior of the vehicle is not a “search” under the Fourth Amendment since it is limited to detecting the presence of illegal substances.
This means that an officer lawfully stopping a vehicle on the street can walk a drug-sniffing dog around the exterior of the vehicle. If the dog alerts to the presence of narcotics in the vehicle, this gives law enforcement probable cause to search the vehicle without a warrant.
The officer must be in a legal traffic stop at the time that the drug sniffing occurs.
Limits on extending the traffic stop
Although police officers can use a drug dog during a traffic stop, there is a time limit for the detention of the driver. This issue has been decided by the U.S. Supreme Court in the case of Rodriguez v. United States. The Supreme Court has held that police officers cannot extend a routine traffic stop to merely wait for a drug dog unless they have reasonable suspicion that criminal activities have occurred.
Generally, a traffic stop should be conducted for a period of time just enough to allow the police officer to address the initial purpose for the traffic stop, such as checking the driver’s license, running a background check, and issuing a citation or warning.
If the police officer merely waits for the arrival of a K-9 unit without acquiring reasonable suspicion, the detention of the driver is illegal under the Fourth Amendment.
What happens if the dog alerts?
If the drug dog indicates that there are narcotics present, the police officers will likely have probable cause for a search of the vehicle. This means they can search for narcotics in areas of the car where they might be hidden, including containers, bags, and compartments of the car.
If drugs are found, the driver and passengers can face criminal charges. The severity of the charges depends on the drugs that are found.
Talk to a Cobb County, GA, Drug Possession Lawyer Today
There are several ways to challenge drug dog evidence in court. The experienced drug possession lawyers at Andrew L. Schwartz, P.C., can help you challenge the search or the stop to reduce or eliminate your charges. Call our Cobb County drug crimes lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
