Determining whether or not a warrant is required for drug dogs

 Posted on March 14, 2017 in Drug Offenses

Drug dogs are trained to sniff their surroundings and signal to law enforcement if they detect the presence of an illegal substance. These canines are an asset to police who are on the hunt for potential arrests to be made, but you may rightfully wonder about the legality of these practices. It all comes down to whether or not a warrant is required, and this varies based on the situation. Read on for more details on instances where warrants are and are not required for drug dog searches.

Private property requires a warrant

Whether you are on your own land or another piece of private property, drug dogs cannot be used in a search unless law enforcement agents furnish a warrant. This is true regardless of whether you live on the property or whether there is any domicile on the property at all. If police arrive with drug dogs and request to perform a search, you are within your rights to decline in the absence of a warrant.

Traffic stops do not require a warrant

Various jurisdictions maintain differing policies on the use of drug dogs in routine traffic stops, but one case made its way to the U.S. Supreme Court and established a precedent henceforth that a warrant is not required for such searches. According to the Washington Post, the ruling indicates that police are authorized to employ drug dogs, but they are not authorized to delay you at a traffic stop in order to do so.

A warrant is not required in schools

Schools-and many other facilities that exist on public property-are exempt from requisite warrants in drug dog searches. Because students cannot reasonably maintain an expectation of privacy while in such environments, law enforcement is free to utilize drug dogs and other search methods on students who are on the premises.

A warrant is required for any residence or domicile

Regardless of whether you rent or own your home, law enforcement is required to furnish a warrant in an instance of search by drug dogs or any other method. This is true for any kind of residence or domicile, and the stipulation extends to the property surrounding your home, too. Law enforcement cannot use drug dogs on the perimeter of your home, for example, without a warrant.

If you have been subject to a drug dog search and are wondering about its legality, you should consult with a lawyer to better understand your rights. Contact an attorney for more information.