Most people have heard of drug-sniffing dogs, or canines specially trained and used by the authorities to “sniff out” hidden drugs. Unfortunately, these dogs’ senses are more accurate in fiction than they are in real life.
Multiple analyses of their accuracy rate show that drug dogs are wrong more than half of the time – so false alerts are common. With that in mind, can the police make you wait for a drug-sniffing dog to arrive at your location during a traffic stop?
It all depends upon the justification for the search
In Rodriguez v. United States, the U.S. Supreme Court ruled that “absent reasonable suspicion, police extension of a traffic stop to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures.”
What does that mean? In essence, if you happen to be stopped by an officer who has a drug-sniffing dog with them, they can freely have the dog take a sniff as part of their routine while they’re checking your license and looking to see if you have any outstanding warrants. They are not, however, legally entitled to hold you after the traffic stop is complete while they get a dog to the scene unless they have some reasonable suspicion that you have drugs in the vehicle.
Does that mean you can simply drive away if an officer orders you to wait? No. You would put yourself in serious danger if you did so, and you could be charged with additional crimes. If you ever find yourself in this situation, make it clear that you do not consent to the search and inform your defense about what happened. The issue could form a critical part of your case.
