{"id":7540,"date":"2023-10-27T15:38:13","date_gmt":"2023-10-27T15:38:13","guid":{"rendered":"https:\/\/portal.bluetogold.com\/?p=7540"},"modified":"2026-09-17T06:40:52","modified_gmt":"2026-09-17T13:40:52","slug":"k9-sniffs-in-parking-lots","status":"publish","type":"post","link":"https:\/\/portal.bluetogold.com\/?p=7540","title":{"rendered":"K9 Sniffs in Parking Lots"},"content":{"rendered":"

Today’s question is: Can you run a canine in a motel parking lot?<\/strong><\/p>\n

The short answer is yes, you can, and here’s why.\u00a0 A person that is staying at a hotel does not usually have any reasonable expectation of privacy in the parking lot.\u00a0 Think about it.\u00a0 When you go to stay at a Hilton Hotel, a Motel Six, or whatever, you certainly have a reasonable expectation of privacy in your hotel room.<\/p>\n

Do motel guests have an expectation of privacy in the parking lot?<\/h2>\n

\u00a0But in the parking lot, you have no exclusive right of access.\u00a0 Other people are legally entering the parking lot.\u00a0 These are usually not gated, but even if they are gated, they’re not just for you.\u00a0 They’re for anybody who has access to the hotel.\u00a0 So, generally speaking, there is no privacy interest in the parking lot.\u00a0 Therefore, the dog is lawfully present.<\/p>\n

\u00a0If the dog is lawfully present, that is the definition of a free air sniff.\u00a0 A dog can be run around a vehicle.\u00a0 (However, I would not touch the vehicle on purpose.\u00a0 That is another issue, which may be a search under the Fourth Amendment.)<\/p>\n

What can you do after a K9 alerts on a car in a parking lot?<\/h2>\n

\u00a0But as long as the dog is lawfully present, there is no constitutional search occurring. Therefore, when the dog alerts you to the presence of contraband, you have probable cause that can allow you to either go get a search warrant, or you can search that car under the motor vehicle exception<\/a>.\u00a0 Even if there’s nobody present in the vehicle, as long as police have lawful access to the vehicle, plus probable cause, and the vehicle appears mobile, a free air sniff is lawful.\u00a0 That is a motor vehicle exception.\u00a0 And there you have it!<\/p>\n

\u00a0Let’s keep these conversations going.\u00a0 Let’s clear up all these confusions that cops have under the Fourth Amendment and the Fifth Amendment.\u00a0 Until next time, stay safe!<\/p>\n

Related from Blue to Gold<\/h2>\n