Canine Search of Vehicle in West Palm Beach Florida

As a criminal defense lawyer in Palm Beach County, Florida, I am often asked questions related to canine searches. 1) If police stop me for speeding can they call a K9 unit to search my automobile? 2) If the police stop me for a traffic violation in Palm Beach, can they use their police dogs to search my vehicle for drugs? If a police dog is present should I consent to the search of my vehicle for drugs?

1) Florida Courts have held that absent an articulable suspicion of criminal activity (that the police officer must be able to tell the court logically that he had a suspicion that a crime had taken place, was presently taking place or was about to take place and it can’t be a guess or a hunch that a crime was possibly occuring), the time an officer takes to issue citation should last no longer than is necessary to make any required license or registration checks and to write the citation. A completed traffic stop cannot be extended to conduct a dog sniff search, even if the delay is de minimus. What does that mean? It means that police need to have the dog at the location of the traffic stop, while they are writing you a traffic ticket, sniffing the exterior of your car within the amount of time it takes to check your license and registration and write you a traffic ticket. If the police keep you there even one minute more than it takes to write the ticket then they are violating the law. The courts focus on whether it was an unreasonably prolonged traffic stop. If it was an unreasonably prolonged stop (if the police delayed you longer than is necessary to issue a ticket) then any evidence found during the canine sniff will be likely suppressed due to the illegal search.

2) Assuming that a police dog is available during a normally timed traffic stop, a police dog may sniff around the exterior of your vehicle legally- it is not an illegal search. If the police officer(s) who stop your vehicle have immediate access to a dog then they are allowed to sniff the exterior of the car.

3) Even if, there is a dog present while police are writing you a traffic ticket remain silent. “I do not consent to searches” is the only thing worth saying. “If they have a dog, should I consent to a search of my vehicle? “ No. If a Palm Beach Sheriff’s dog alerts on your car and finds drugs they will arrest you. Anyone can be arrested; it’s whether you are convicted that is most important. That is where a highly qualified drug crimes lawyer will be worth his weight in gold. If applicable, your criminal defense attorney will file a motion to suppress (a request to throw out evidence of a crime, i.e., the drugs found) because the supreme court has held that “when a dog alerts, the fact that the dog has been trained and certified is simply not enough to establish probable cause to search the interior of the vehicle and the person.” The burden is on the state to prove that the dog’s handler is sufficiently trained. The court also requires the state to prove the dogs’ reliability. They want to know all of the dogs training and experience. That means that they want a percentage of how many times the dog alerted correctly and the amount of times the dog alerted but no drugs were found. The state has the burden of explaining the mistakes the dog may have made in the past. The court is required to make a case-by-case analysis of the dog’s ability to reliably locate drugs and the handler’s ability to properly ascertain when and where the dog is alerting on the vehicle.

In conclusion, a dog may sniff around your car if he does so during the time it is reasonable requires a police officer to write you a traffic ticket. If it takes too long then the court will likely suppress any evidence of drugs and drug paraphernalia found in your vehicle. Regardless of the circumstances of your case, you should never consent to a search. Be polite but decline to allow them to search. Even if, they have a dog remain silent because the burden is still on the state to prove the reliability of the dog and its handler. Your drug crimes lawyer will defend your rights in a court of law.

Whether you were charged with Drug Trafficking in Palm Beach or simple Possession of Marijuana or Possession of Cocaine the fight is not over. Do not attempt to debate with the police officer-you will not win. If police find drugs or drug paraphernalia you will be arrested for a drug crime in Palm Beach. Once arrested you will need to locate a bail bondsman in Palm Beach and then immediately retain a Palm Beach Criminal Defense Lawyer who will assist you with your drug case.