The Search & Seizure Show

Can you run a K9 in a motel parking lot?


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The following is a computer-generated transcription, some grammar and spelling errors may be inherent

Hey guys, it's Anthony Bandiero here with political law enforcement training. Today's question is, can you run a drunk canine in a motel parking lot? The short answer is yes, you can. And here's why. A person that staying at a hotel does not usually have any reasonable expectation of privacy in the parking lot. Think about it, you go stay at the Hilton, the Motel Six, whatever, you certainly have a reasonable section of privacy in your hotel room. But the but the parking lot, why would you have no exclusive right of access. Other people are, you know, entering the parking lot. It's usually these are not gated. But even if they are gated, they're not just for you, you know, they're for anybody who has access to the hotel. So, generally speaking, there is no privacy interest there. Therefore, the dog is lawfully present if the dog is lawfully present, that is the definition of a free air sniff, a dog can be run around a vehicle, I would not touch the vehicle on purpose. That is another issue involving that may be a search in the Fourth Amendment. I have other videos that address that issue. But as long as the dog is lawfully present, there is no constitutional search occurring. Therefore, when the dog alerts to the presence of contraband, now you have probable cause that can allow you to either a go get a search warrant, or be it under the Fourth Amendment, you can search that car under the motor vehicle exception, even though there's not somebody present in the vehicle, as long as police have lawful access to the vehicle, plus probable cause, and the vehicle appears mobile that it can it does drive, it does move, even if you don't have the keys, that is a motor vehicle exception. And there you have it. So keep these questions coming. Also, please hit subscribe. Follow me on Facebook. Let's get these conversations going. Let's clear up all these confusions that cops have under the Fourth Amendment and the Fifth Amendment. Until next time, stay safe

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The Search & Seizure ShowBy Anthony Bandiero

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