St Louis, MO asked in Constitutional Law and Civil Rights for Missouri

Q: yes how are they able to search my car with a drug sniffing dog without consent or even a warrant probable cause gives

them the right to get a warrant not conduct a search if this was back in the day man i swear people would shot the police doesn't even the court hold that under the protection of the 4th right

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Under the Fourth Amendment, searches and seizures must be reasonable and, typically, a warrant is required. However, the U.S. Supreme Court has held that the use of a drug-sniffing dog during a lawful traffic stop does not constitute a search under the Fourth Amendment.

This means that police can use drug-sniffing dogs around the exterior of a vehicle during a traffic stop without a warrant or explicit consent. If the dog alerts to the presence of drugs, this can provide probable cause for the police to search the vehicle without a warrant. It's crucial to understand that these legal standards are based on current interpretations of constitutional law.

If you believe your rights were violated in such a search, it's important to discuss the specifics of your case with a legal professional who can provide guidance based on the details of the incident and any recent legal developments. Remember, legal standards and interpretations can vary, and each case must be evaluated on its own facts and circumstances.

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