NCJ Number
180911
Journal
FBI Law Enforcement Bulletin Volume: 69 Issue: 1 Dated: January 2000 Pages: 27-31
Date Published
2000
Length
5 pages
Annotation
Drug detection dogs are discussed with respect to the legal aspects of their use, including their use in determining probable cause for searches of vehicles, individuals, and premises.
Abstract
The United States Supreme Court ruled in United States v. Place that the exposure of luggage in a public place to a trained canine was not a search within the meaning of the Fourth Amendment. Courts that have considered the issue of canine reliability have relied heavily on the dog's certification. In addition, drug detection dogs can be used on routine traffic patrol in high drug areas to sniff cars stopped for traffic violations. The scope of the sniff is limited to the outside of the vehicle. Police officers may ask drivers for consent when they lack reasonable suspicion of drug activity to justify a detention. Brief detentions are generally acceptable; lengthier detentions require further justification. The authority to direct people from vehicles does not necessarily allow these individuals to be sniffed. The individual's expectation of privacy is important in individual situations. The one court that has considered issues related to dog sniffs of premises has ruled that the expectation of privacy in regard to premises is similar to that of body privacy. In all cases involving drug detection dogs, handlers should be prepared to establish a dog's reliability and should keep and maintain proper records. Police should also seek a search warrant whenever possible. Photographs and reference notes