K-9 Sniff Test
If, during a traffic stop, a police officer detains you until the drug dog can arrive to sniff your car, what should you do? If you are the driver or passenger in a vehicle during a drug investigation, you should remain calm and exercise your right to remain silent. Never consent to a search of your vehicle or your personal items such as a purse or a backpack. If you are arrested or charges with possession of a controlled substance, you should immediately contact an experienced criminal defense attorney like Lafayette’s Vonderheide & Knecht.
Indiana Courts have held that the police cannot detain an individual during a traffic stop to obtain a dog sniff-test search beyond the time necessary to write a traffic ticket without reasonable suspicion of criminal activity. Additionally, Indiana courts state that appearing nervous does not constitute reasonable suspicion of criminal activity because it is not unusual for a person to become nervous when stopped by the police.
Vonderheide & Knecht have extensive experience defending clients who have been arrested following a traffic stop and dog sniff search. We can analyze the evidence in your case, including any delay created by the police during the traffic stop, to determine if the dog sniff was illegal. Legally, to detain a person for a vehicle dog sniff search, the police must have additional evidence of criminal activity in order to keep you at the site.
Vonderheide & Knecht: Serving Lafayette’s Legal Needs Since 1992