When a K-9 unit is called to the scene when you are stopped for an alleged traffic infraction, many motorists are confused and surprised. This practice is becoming more common every day, as Florida law allows canines to assist in police investigations on the roadways. The role of a K-9 unit is to detect the presence of controlled substances in a vehicle due to a dog’s powerful sense of smell.
Highly trained dogs are powerful tools for the criminal justice system. They alert their handlers to illegal substances such as marijuana, cocaine, heroin, methamphetamine, ecstasy, and fentanyl. In addition, they can detect certain prescription narcotic medications such as oxycodone, hydrocodone, and Xanax. However, the use of canines is controversial, raising questions about violating the constitutional rights of persons on the roadways.
Understanding Fourth Amendment Rights
Law enforcement needs a reason to justify a lawful traffic stop, such as observing traffic violations or having a reasonable suspicion of criminal activity. The Fourth Amendment to the United States Constitution protects against illegal search and seizures. However, the United States Supreme Court has ruled that a K-9 sniffing the exterior of a vehicle does not violate these rights. (Florida v. Harris, 2013) If the dog alerts, it is probable cause for law enforcement to search the car’s interior without the driver’s consent. While the use of canines does not violate the Fourth Amendment, certain factors may challenge the legality of the search and subsequent arrest.
Challenges to Arrests initiated by a K-9 Unit include:
- Lack of a valid reason for the traffic stop: Law enforcement must have probable cause to initiate a traffic stop. It may include observing a traffic violation, your vehicle matching the description of one used in a crime, the smell of illegal substances emanating from the vehicle, or warning you about a dangerous situation. Without meeting this criterion, it can be argued that there was no probable cause for the initial stop or calling of a K-9 Unit.
- Unreasonable delay at the traffic stop: Law enforcement cannot detain an individual for a prolonged time while waiting for the arrival of a K-9 unit. A traffic stop should last no longer than necessary to address the traffic violation, or it violates the Fourth Amendment.
- Questionable K-9 and handler training: To conduct drug detection during traffic stops, the dog and its handler must meet strict training and certification standards. A defense strategy is to question the dog’s reliability and the qualifications of the handler and dog.
- False positives: Multiple studies have shown alarmingly high false positive rates. Due to their keen sense of smell, canines can often detect drugs and drug paraphernalia long after they are removed from the vehicle. It can also be argued that their alerts are based on a handler’s cues.
Woodard & Ferguson, Attorneys at Law: Defending Your Rights
If you have been subjected to a vehicle search at a traffic stop and arrested for a drug crime based on the use of a K-9 unit, you must have an experienced criminal defense attorney to represent your interests. In Florida, even an arrest and conviction for simple drug possession can have life-altering consequences.
At Woodard & Ferguson, Attorneys at Law, we carefully examine the circumstances of your traffic stop and arrest, looking for evidence of weaknesses in the prosecutor’s case. Our goal is to protect your rights at every stage of the legal process and ensure your voice is heard.
Contact Woodard & Ferguson, Attorneys at Law, at (386) 677-0822 to schedule a confidential appointment with our skilled Ormond Beach criminal defense attorneys. We have the experience, knowledge, skill, and resources to resolve legal issues favorably. We represent clients throughout the Daytona Beach area and beyond. Our attorneys have helped countless clients in similar circumstances, and we are ready to assist you.
