Have your rights as well as privacy been breached just as a result of a uncalled-for canine drug search? Are you unsure about your rights on a canine search of your house or automobile? Even for individuals that know their civil rights, the regulations on drug dog searches can be complicated. For example, did you know that a canine smelling the outside of your vehicle is NOT considered a search? The United States Supreme Court developed that the scent of drugs wafting from your car remain in the general public space. Before, cops required an “articulable suspicion” in order to bring their dog up to your vehicle. However, in 2005, in Illinois v. Cabelles, the United States Supreme Court ruled that the cops called for no such articulable suspicion to summon a canine to a car during a traffic stop. So if the law enforcement agent is giving you a ticket for busted tail light, he or she can have the drug dog right up close to the vehicle (but not inside). If the dog signals that it smells illegal narcotics, the authorities could inspect your automobile.
Fighting Illegal Canine Drug Searches
Usual misconceptions concerning the laws and legislations of compliance as they relate to canine drug searches could cause an infraction of your basic rights. For example, the law does warrant a drug dog to come with a policeman on a routine traffic stop, however it is not legal for that officer to prolong the traffic stop unnecessarily while the dog searches. Additionally, if your routine traffic violation ticket has been written, a police officer can not hold you to keep your vehicle on the side of the road while you wait for the drug dog to arrive.
These are just a few of the laws in play when combating an unwarranted canine search. Also the drug dog itself is typically not met with enough reliability by a court. Due to the occurrence of cocaine and marijuana in our culture, trace amounts of these drugs can be found all over, particularly on paper currency. It is not unusual for a drug dog to “signal” on a car only to locate cash which has traces of illegal narcotics.
Canine Drug Searches Drug Lawyer in Minnesota
The sad part is, authorities do not constantly observe these laws as they should, and suspects or common citizens end up having their civil rights violated. In cases where law enforcement officer agents perform illegal searches, it is commonly possible for defendants to have evidence excluded from trial. It these sorts of instances, defendants in drug cases collaborate with a well-informed lawyer to explore the police work that brought about drug charges and penalties against them.