When law enforcement unreasonably delays a traffic stop waiting for a K9 unit to conduct a search, the occupants’ Constitutional rights have been violated. Under some circumstances, law enforcement may detain a motorist for a reasonable amount of time waiting for a drug dog to arrive and sniff the vehicle. However, law enforcement may not simply detain people on a hunch that illegal drugs are in the vehicle.
In a well-known United States Supreme Court case that occurred in Nebraska, Rodriguez v. United States, the United States Supreme Court determined that law enforcement may not detain a driver and his vehicle longer than necessary to complete the mission of the traffic stop without sufficient cause. If law enforcement unlawfully delays a search to wait for a K9 unit, the search will be suppressed and the evidence thrown out.
Even if law enforcement does not unlawfully prolong the detention of a driver and his or her vehicle, the K9 search may still be illegal for a number of reasons. These include:
Berry Law Firm’s criminal defense attorneys have extensive experience challenging the validity of drug dog searches in both federal and state courts. We obtain drug dog training records and use expert witnesses to challenge the drug dog handler and his or her interpretation of the dog’s behavior.
If your car has been unlawfully searched during an interstate drug traffic stop, contact our Nebraska drug defense lawyers today for a consultation.