Lawton, OK asked in Traffic Tickets and Civil Rights for Oklahoma

Q: Drug dog violation

I got pulled over for my taillight and during the stop they walked the drug dog down one side of the vehicle and the dog never alerted to anything but they went ahead and pulled us out and detained us. They had no reason to suspect drugs or anything can they do that in oklahoma

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA

A: In Oklahoma, as in other states, police can use drug-sniffing dogs during traffic stops, but there are legal limits to this practice. The use of a drug dog itself doesn't typically violate your rights, but the duration and manner of the traffic stop can be significant.

The police need reasonable suspicion to prolong a traffic stop beyond the time needed to handle the reason for the traffic stop, such as a broken taillight. If they use a drug dog, it should not unreasonably extend the stop. If the dog does not alert to the presence of drugs, the police generally need additional reasonable suspicion of criminal activity to justify further detaining you and searching your vehicle.

If you believe that your rights were violated during a traffic stop, it's important to document everything about the incident, including the duration of the stop and any interactions with the police. Consulting with an attorney can provide you with specific advice based on the details of your situation. An attorney can help assess whether your rights were violated and what legal actions you can take. Remember, each case is unique and depends on the specific circumstances of the stop and any interactions with law enforcement.

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