Traffic Stop Turned Into an Unlawful Detention
The typical scenario begins with the driver being stopped for a simple traffic infraction. The officer then requests to conduct a search of the vehicle and upon denial of the request a k-9 unit appears. The k-9 alerts the officer and then the officer finds drug paraphernalia, a controlled substance, or some other type of illegal substance.
Why Is a K-9 Called to the Scene?
A k-9 narcotics dog is trained to pick up on the scent of drugs and drug paraphernalia. The k-9 is called to sniff the outer perimeter of the vehicle. If the dog alerts the officer that will give the officer probable cause to search your car.
How Long Can an Officer Detain Me for on a Traffic Infraction Violation?
If the police officer can’t bring a K-9 narcotics dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect.
How Can I Challenge the Stop?
As the driver you can file a motion to suppress evidence collected against you arguing that the stop was unreasonably prolonged by the dog sniff in the absence of reasonable suspicion to continue this detention.
What Happens if the Motion to Suppress Is Granted?
If the motion to suppress is granted the case will likely be dismissed.
The hiring of a qualified and experienced attorney is extremely important to the outcome of your case. Call Dadan Law Firm for a free consultation at 772-579-2771.