mightymoose
Moderator
Many attack dogs cross train for narcotics and searching but are not necessarily certified to do those things in the field. That doesnt mean the officer wont try it. It never hurts to look into the qualifications of the dog.
Right... no reason is needed to have the dog sniff the car, but reasonable suspicion IS required to detain someone to wait for the dog even briefly. This is easy to work around if there is another reason for being detained such as writing a citation. If lawfully detained then the time factor comes in as to whether the detention becomes unreasonable.
Since the question asked had to do with the legality of the search then all these factors, including the reliability of the dog, are important. No evidence was taken but the search was still conducted. If any one of these things negates probable cause then the OP has a legitimate 4th Amendment gripe.
And yes, it seems we aren't going to get the further info we need.
Right... no reason is needed to have the dog sniff the car, but reasonable suspicion IS required to detain someone to wait for the dog even briefly. This is easy to work around if there is another reason for being detained such as writing a citation. If lawfully detained then the time factor comes in as to whether the detention becomes unreasonable.
Since the question asked had to do with the legality of the search then all these factors, including the reliability of the dog, are important. No evidence was taken but the search was still conducted. If any one of these things negates probable cause then the OP has a legitimate 4th Amendment gripe.
And yes, it seems we aren't going to get the further info we need.
