When does a K-9 sniff implicate a suspect's 4th ammendment rights? A Quinlan investigative stops quiz
For instance, if a dog is alerted to narcotics in a person’s vehicle, then the automobile exception to the warrant requirement would allow the police to search the vehicle without first obtaining a warrant.
After writing the citation, O waits for three minutes before P arrives and walks the dog around C’s car. The dog positively alerts to the presence of drugs in C’s trunk, so P searches the trunk and finds cocaine. C asks the court to suppress the drugs. Assuming P did not initially have a reasonable suspicion that C had drugs in his vehicle, will the cocaine be suppressed?
Therefore, the extended detention, as opposed to the actual dog sniff, violated C’s Fourth Amendment rights.
Disclaimer: This quiz is intended for informational purposes only and should not be construed as legal advice. The answers to these questions are based on federal law. State laws may be more restrictive of officer conduct. Whenever you are unclear about proper procedure, consult an attorney in your jurisdiction.
Note: This quiz is an excerpt from the Investigative Stops Quiz that will be included in the March edition of the Quinlan’s Investigative Stops Bulletin. Each edition of the Investigative Stops Bulletin contains a new quiz. For subscription information, please visit: www.quinlan.com.
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