Ep. #5: Can You Search a Driver or Passenger Based on a K9 Alert on a Vehicle?

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#lawenforcementtraining #PoliceTraining #legaleducation #k9s #k9searches #searchandseizure #search #seizure

[ZacharyJohnson-um]

Isn't there case law for plain view in a bag? How is that an unlawful search if you see a meth pipe in a bag?

[shawnsmith]

What are the case laws stating the reason for not having the automatic right to search the passengers with a positive k-9 hit?

[bleebu]

Did you say you could "arrest" the driver on a positive alert? Did you mean "detain?" Could there be a prosecution if there were no drugs found? If you made the arrest, and have no evidence following said arrest does the cop just say oops my bad and unarrest the guy? Changes and challenges in State laws are also a problem. Colorado has determined the open-air sniff is a search and requires a warrant and must be based on additional information. Oregon has determined that drug dogs are unreliable and trained to alert no matter what in order to please the handler and get a reward. Which explains the high incidence of alerts without finding contraband.

[jtracyful]

If an officer has probable cause that contraband exists on a person’s person, they can search and retrieve the contraband. Isn’t that the case? What happens next, or before depending on the situation, is a non-custodial arrest which in California is a citation and release from the scene, for misdemeanor drug paraphernalia or simple drug possession.

[uriahspeight]

Anthony, you state that the driver can be searched if they are arrested. Do you mean if they are arrested on the PC of the dog hit alone, even if no drugs are found? Is dog hit alone PC for arrest? In Colorado BTW, thx.