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All in the title. Can the police (after they have pulled you over for speeding) call a K-9 unit to search your car without a warrant or your consent?

2007-11-10 12:26:16 · 19 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

19 answers

Yes, but there is a condition.

Absent of probable cause, the officer is not allowed to detain you for the sole reason of waiting until the dog arrives, the dog must arrive during the actual stop.

No warrant is needed. The US Supreme Court ruled on this in Carroll v. United States. They determined you have a lesser expectation of privacy in a vehicle because it is operating in public, and it is mobile.

If the dog hits, that is probable cause for a search without a warrant according to the Carroll Doctrine.

2007-11-10 12:29:26 · answer #1 · answered by trooper3316 7 · 14 2

yes they can, but i was in court just recently and a cop had stop this man on one occasion and he saw him and recognized him, he watch him and discovered that he had something to drink in his car. he also remember that he did not have a driver license. he pull him over and search his car and found a open container and drugs he said . in court the case were thrown out because the judge ask did he have a warrant to search the car . cop said no. it was determine that, he was actually harassing the guy. the guy had gotten his license and all of his information straight. there are some cops that love to harass people for no parent reason.

2007-11-10 13:39:55 · answer #2 · answered by victory 2 · 1 0

They can only search your car if they have probable cause (if they see something, smell something, or hear something that would lead them to believe there is illegal activity) and it's generally accepted that they don't need a warrant. With or without dogs, doesn't matter.

If you think a cop is unfairly detaining you, and they ask something like "Do you mind if I take a look?" Say NO! If they have to ask, that means they don't have enough evidence for probable cause. If you say "yeah sure, go ahead" you've waived all your rights and any and all searches and actions they take WON'T require a warrant or probable cause!

Just tell them "I don't consent to any searches, officer."

2007-11-10 12:34:04 · answer #3 · answered by Rich 3 · 2 1

As long as the dogs remain outside the car, yes.

There may be some question about detaining you for the time it takes for the K-9 unit to get there, especially if it takes quite awhile, if the officer doesn't have probably cause.

You do not have to give permission for an officer to search your car. If they ask, tell them politely that you do not give permission for them to search your car. If they have probably cause, then they may search your car even without your permission.

2007-11-10 12:31:49 · answer #4 · answered by Dan H 7 · 2 1

The Supreme Court has ruled, on more than one occassion, that a dog sniffing the outside of your car is not a search. No warrant needed.

2007-11-10 12:50:05 · answer #5 · answered by California Street Cop 6 · 1 1

The dog isn't searching your car. He is merely walking around it, which is legal. IF during his stroll, he smells drugs, that then gives the officer probable cause to search your car. No warrant needed.

2007-11-10 13:21:54 · answer #6 · answered by Anonymous · 2 1

you have constitutional rights- only answer your name and where you reside. other than that you should ask if you are free to go. you should refuse a search as a traffic stop does not constitute probable cause. they can get the dogs, if they are unethical and there is not much you can do about it. get out of your car, windows up,lock the doors, be respectful and stand up for your rights.

2007-11-10 14:51:36 · answer #7 · answered by ben 2 · 2 1

Cops love to search cars, legality be damned. But the dogs are OK according to the 9 ignorant justices on the US Supreme court. They don't mind lying about probable cause or saying you gave consent. Good luck.

2007-11-10 12:40:06 · answer #8 · answered by joker_32605 7 · 2 4

yes, Highways are government property. If they walk the dog around the vehicle and it is alerted, that gives them probable cause and they can search your vehicle. If they destroy anything in the process of the search it as at the owners expense even if they don't find anything.

2007-11-10 12:36:27 · answer #9 · answered by Anonymous · 2 1

yes, it's not actually a search if they just walk around the vehicle with a dog.
Probable cause trumps your consent. If they feel there is a reason to investigate further, they have probable cause.

2007-11-10 12:28:35 · answer #10 · answered by Anonymous · 4 1

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