Can cops leagally call the dogs to search your car without a warrant?

trooper3316

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.

booman17

Yep, they sure can.

Captain

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.

mikeysco

You have an *excellent* answer from trooper3167.

Unfortunately, you have an extremely poor (and incorrect) answer from ".. .this can't be good" who clearly does not know of what they speak.

You have the Constitutional right to be free from unreasonable search and seizure. The poster would have you believe that by exercising that right to be free from governmental searches, you thereby give the government probable cause to do the very thing you have the right to be free from.

It would be dumb if it were true. However, the "dumbness" associated with that post has nothing to do with the Constitution.

Problem Child

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.

Joe S S

Listen to Jack.........He knows cops!!!

victory

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.

fred Bump

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.

messinger1965

A dogs nose it ok'd for probable cause in all courts.

ben

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.

Dan H

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.

Rich

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."

laughter_every_day

If the cop has cause to believe there is evidence of a crime in the car, he can search it without a warrant. Most courts hold that the inherent mobility of the car creates an urgent need and excuses the need for a warrant. If they have a suspicion, but not cause, then they can extend the traffic stop for a while to get a dog to walk around and sniff. If the dog alerts, then they have cause to conduct the full search.

California Street Cop

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.

arch0049

the exterior of your car, or in your car?

If for some reason they have probable cause that you have committed a crime, they dont need a warrant to search your car.

joker_32605

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.

lenzix5

yes....can you say probable cause or reasonable suspicion....all you need along with a little creative writing.

Can you say 'Patroit Act'?

Daisy

If you have nothing to hide why would you care? Hopefully you've learned to driving within the limits.

.. .this can't be good

If they ask for permission to search your car, and you say no, then they will assume you have drugs, and that gives them reasonable cause to search. Dumb, isn't it? If you refuse, they will bring the dogs.

jack

What difference does it make whether you offer permission or not? When you refuse to permit them to search your property they will do so anyway, and they will plant some incriminating evidence there to make your life miserable. If they had an ounce of integrity they wouldn't be wearing a badge or the uniform! They're only good for stuffing their face with donuts. When you need one they are never around. If your minding your own business and not doing anything illegal they will be all over you like white on rice! Look at CA. with OJ they had 50 police vehicles following one man. How many real crimes were happening at the same time these idiots were seen on TV? One officer is all that should have been necessary to take down one OJ!

Enter Your Message or Comment

User Name:
User Email:
Post a comment: