Case Laws Regarding K9 Units and Motor Vehicle Delays

In this archive episode, Dennis answers some group questions regarding K9 units and motor vehicle delays. Recorded on 10/13/2017. Illinois v Caballes (2005) US Supreme Court As found by the trial judge prior to the appeal, the dog sniff was sufficiently reliable to establish probable cause to conduct a full-blown search of the trunk. Caballes is the same as (2017) State v. Mark Dunbar (A-94-15; 077839) The Court adopts the federal standard barring unnecessary delays for the purpose of canine sniffs. Officers do not need reasonable suspicion of a drug offense provided that the canine sniff does not prolong the stop beyond the time required to complete the stop’s mission. United States v Pierce (2010)- The United States Supreme Court has consistently held “That an exterior canine sniff of a car during a lawful traffic stop does not amount to a search under the 4th Amendment. It is also well established that, looking at the totality of the circumstances, a dog’s positive alert while sniffing the exterior of the car provides an officer with probable cause.” Illinois v. Caballes - Amicus (Merits) | OSG | Department of Justice State v Sloan 2008 - Leaving a vehicle to be driven by a passenger or a third party allows you the right to check their driving credentials. (Criminal Wants / Warrants) This also allowed police officers to run warrant checks of passengers without Reasonable Suspicion. The police do not need a reasonable suspicion before they access the NCIC database. An NCIC check by the police is not a search under the federal or state constitutions. HELD: During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions. Police do not need reasonable suspicion before they may access the NCIC database and, because accessing the NCIC database was within the scope of the traffic stop and did not unreasonably prolong the stop, there was no basis to suppress the evidence found. State of NJ v. Patino (1980) – “The discovery of a small amount of marijuana in t