Is It Legal For Police To Use Drug Dogs During A Traffic Stop?

Rodriguez v. United States, 575 U.S. ___, 135 S. Ct. 1609 (2014). Episode 069 (Duration 16:58)

Gist: In Rodriguez v United States, a police officer conducts a drug dog sniff during a traffic stop after the business of the traffic stop was over. Was this legal or illegal?

Case Brief

IssueIs it legal or police to use a police K9 during a traffic stop?FactsCar is stopped after a minor lane infraction. After the business of the stop hand ended officer returns ID to car occupants. The officer then asks Defendant for permission to conduct a drug sniff around the car. Defendant says “no.” At that point, the officer detains the driver and passenger so that the drug dog could sniff the car. The K9 alerted, and police found over 50 grams of methamphetamine in the car.AnalysisThe critical question is not whether the police dog sniff occurs in a reasonable amount of time, nor whether the dog sniff occurred before or after the ticket is written, but instead the critical question is whether conducting the sniff adds time to the stop. Police must always be moving the business of the traffic stop forward.Holding It appears the officer may have unreasonably prolonged the traffic stop just to give his K9 time to sniff. That is unconstitutional.Related CasesIllinois v. Caballes, 543 U.S. 405 (2005). (K9 drug sniff is not considered a search for 4th amendment purposes); Florida v. Jardines, 133 S.Ct. 1409 (2013) (drug dog brought to front stoop of a house); Florida v. Harris, 133 S.Ct. 1050 (2013) (drug dog reliability is determined by a totality of the circumstances)

Rodriguez v. U.S.

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Issue

Does the Fourth Amendment tolerate a police dog sniff during traffic stop after completion of the reason for the stop?

Facts