if certifed k9 is retired can they use them again on the street?

Question

i live in a small town..and it seems that every car that goes through the town is getting picked up for no reason and getting there car searched by the cop..with the drug dog.i was one of them i did give them permission to do it but is it ok for them to do it without a warrant....becuase that is what they are doing..when i told him i give him permission he said he didnt need it...and as far as i know that is not true.... i just wanted to know what the guidelines are for thisi would think it is harrassment... it is really getting out of hand...as far as i know the dog was at one time certified and was retired and what would i have to do to find any of this out before i go to court.....it is really getting out of hand thanks.......

ok i guess i didnt put that right there was no drugs alcohol or fire arms in the vehicle that was why i gave permission to search......becuase i had nothing to hide...the reason he told me he picked me up was i didnt have my lights on it was only 7:30 it wasnt even dark it was just a reason to pick someone up it was searched for no reason at all they are doing it to everyone that gets picked up... i just wanted to know what i could do before i go to court to stop them from doing this to other people theres just no reason for all of it

Answer 1

The simple solution is to not use or carry illegal drugs ;-)

If the officer had probable cause he can search without a warrant, and since you gave him permission it doesn't matter anyway. If you are a 'known drug user' that can qualify as probable cause in many cases. In fact, if you have a drug conviction on your record, that qualifies you for about 5 years of probable cause vehicle searches... as long as he had good reason to stop you in the first place.

As far as being retired and reactivated, that is not going to stand up in court. If the dog correctly identified an illegal substance, that's all the officer needs to show in court.

Sorry about your luck, if you had said no you could fight probable cause, but since you approved the search, you have absolutely no case; dog retired or not.

Answer 2

I'm sure this differs from area to area, but in order to search a car without a warrant, an officer must have probable cause -- i.e., good reason to think that he will find something illegal. If a K-9 alerts as it's inspecting a vehicle, that's considered probable cause to search.

And as far as I know, the K-9 must be a certified working police dog currently active on the force. Just hauling one out of retirement doesn't sound like it would stand up in court, not if the dog hasn't been recertified and returned to active duty.

However, just to pull someone over and search their car without any real reason sounds like a possible violation of the person's rights. The stop has to be made for a legitimate reason first (traffic violation, and those are easy to justify), and the dog has to make a specific alert before probable cause is established and the car can be searched.

This is how the search process was explained to me by a police officer and also at the Citizens Police Academy. Sounds like your officers may be overstepping their boundaries.

Answer 3

I dont believe most retired dogs go back on duty, but Im sure that varies from department to department, and their need for k9s. I'm sure the dog has to be certified again (not sure how long certification lasts) to be used. But I'm sure the dog is certified if they are using him.

I'm almost 100% they cannot search your car without permission, or probable cause, but I'd look into your local laws to find our for sure.

Answer 4

I'm not sure what you are trying to say. They can search your car if there is some suspicion that there might be liquor or drugs that is causing the driver to drive irradicatly, please rephase your question and good luck to ya!