Bloomington, IN asked in Civil Rights and Traffic Tickets for Kentucky

Q: Is it lawful for a police officer to call for 2nd K-9 for a sniff test on a traffic stop since the 1rst didn't alert?

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James L. Arrasmith
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Answered

A: The legality of a police officer calling for a second K-9 unit during a traffic stop, after the first did not alert, can be a complex issue and depends on several factors. Courts have generally held that a dog sniff during a lawful traffic stop does not violate the Fourth Amendment's prohibition of unreasonable searches.

However, the duration and manner of the stop must be reasonable. If calling a second K-9 unit unreasonably prolongs the traffic stop beyond the time needed to handle the matter for which the stop was made, it could be considered a violation of your Fourth Amendment rights. The key factor is whether the length of the delay is justified by safety concerns or other legitimate considerations.

It's important to remember that each case is unique and depends on its specific facts and circumstances. If there are concerns about the legality of the procedures followed during a traffic stop, it may be advisable to seek legal advice to understand the specific legal implications in your situation.

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