Can a cop bring a K-9 unit to a traffic stop for a license plate light being out and say it’s because I’m a known narcotic user f I’ve never used narcotics?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can a cop bring a K-9 unit to a traffic stop for a license plate light being out and say it’s because I’m a known narcotic user f I’ve never used narcotics?

Nor have been charged for narcotics.

Asked on July 11, 2013 under Criminal Law, Ohio

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The officer can bring out a K-9 unit for a basic sweep as long as they do not unreasonably extend the purpose of the traffic stop.  A K-9 sweep is not akin to a usual "search" in that the dog is only smelling the air around the vehicle-- which any person can technically do-- so there is not the offensive invasion of privacy.  An officer doesn't have to have any information on which to base a sweep-- however, if they are going to continue a traffic stop beyond the usual time frame, they do need to have some information from somewhere that you are using or delivering controlled substances.  The information can come from another officer or from a confidential informant and they are not required to disclose where the info came from prior to executing the sweep.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption