Can You Run a K9 Around a Car Parked in a Detached Garage?
A driver pulls into his own detached garage during a traffic stop. Can a K9 sniff the car there, and can you tow it out? Anthony works through Dunn, Lange, Jardines, and the five reasons a government takes a vehicle.
Can a K9 Sniff Luggage at a Bus Station?
A canine handler in Nevada was asked to run his dog around luggage coming off a Greyhound bus. Anthony works through when the sniff is free, when moving a bag becomes a Fourth Amendment seizure, what reasonable suspicion buys you, and why sourcing the alert matters before you start opening bags.
Colorado Courts on Cannabis, K-9s, and Car Searches
How Are Colorado Courts Handling Cannabis, K-9s, and Car Searches? Overview The Colorado Constitution, Amendment 64 legalizes possessing up to 1 ounce of marijuana by individuals aged 21 or over. Thus, adults in Colorado have a reasonable expectation of privacy in possessing the amount legal under State law. As a result, the Colorado Supreme Court […]
Is Florida’s Plain Smell Doctrine Getting Vaporized?
Is Florida’s Plain Smell Doctrine Getting Vaporized? Under the Totality of the Circumstances, Establishing Probable Cause for Warrantless Car Search Under the Automobile Exception, Likely Requires More than the Odor of Marijuana Overview Establishing probable cause to search a vehicle, and reasonable suspicion for an investigatory stop, likely require more than the smell of raw […]
Can You Search a Driver or Passenger Based on a K9 Alert on a Vehicle?
Today, we have another question about search and seizure, this time from an officer in the state of Virginia. The officer asks: If a positive canine alert for drugs occurs on a vehicle, does that give you the right to search the driver and passengers for drugs? The short answer is: Generally, it gives you […]
US v. Rodriguez Traffic Stops and K9s
Recorded in North Las Vegas while teaching a search and seizure class. The question is one that keeps coming up around the country: does Rodriguez v. United States mean you can never extend a traffic stop? Hey guys, it’s Anthony Bandiero here, attorney and senior legal instructor, bringing the roadside chat. This broadcast is coming […]
Can a Driveway Traffic Stop Allow a K9 Sniff?
A question about traffic stops and drug dogs: if a person pulls into the driveway during a traffic stop, would that also allow you to do a K9 sniff? Anthony recorded this answer in Boston in 2024, before the show floor opened up, because once it does it gets very loud in there with 20,000 […]
Searching Bags Outside the Vehicle Under Carroll
So, I received a question from a cop in Texas. He says, “The discussion came up during our K9 training group about being able to search a person’s personal property, backpack, purse, etc., if it was removed from the vehicle prior to the free-air sniff and alert by the canine. My understanding is that if […]
Drug Sniffing Dog in Motel or Apartment Hallway
Yes in a motel hallway, no in an apartment hallway. Neither is curtilage, but courts find a reasonable expectation of privacy in the apartment hallway because that is a traditional home.
K9 Sniffs in Parking Lots
Today’s question is: Can you run a canine in a motel parking lot? The short answer is yes, you can, and here’s why. A person that is staying at a hotel does not usually have any reasonable expectation of privacy in the parking lot. Think about it. When you go to stay at a Hilton […]
Drug K9 After State Legalizes Weed
Here is our next question: Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Hey, I got a question here. You know, our department is implementing a brand new canine program. And apparently the dog is going to be proofed on […]
Marijuana-Trained Canines After Legalization
Can you use a marijuana trained dog after your state legalizes marijuana? This question came from an officer in Kansas. The officer said, “Our department is implementing a brand new canine program. And apparently the dog is going to be proofed on marijuana. Now currently, marijuana is illegal in Kansas. So far, so good. But […]