Challenging Dog Sniffs and Searches | Constitutional Challenges to Dogs Sniffs

 In Criminal, Versus Texas Criminal Law Blog

Challenging Dog Sniffs

In 2013, the Supreme Court of the United States decided Florida v. Harris ruling that evidence of a canine’s recent certification or training may be sufficient alone to trust the canine’s alert to criminal contraband and allow a probable cause search based upon such alert. Despite this decision, dog sniffs can still be defeated in court. A criminal defense attorney knowledgeable in search and seizure law will be able to challenge the certification and training of the canine and the validity of the specific alert.

Can the police bring a dog to your doorstep and use a dog sniff to develop probable cause for a search?

Citizens in their homes enjoy greater rights of privacy than when they are in their vehicles, in Florida v. Jardines, the United States Supreme Court decided that a dog sniff at your front porch is a search. As a result, in order for a drug dog to be brought to your door to sniff around for drugs requires a warrant supported by probable cause or consent. When a dog sniffs around your home, it is the same as an officer physically intruding on your space.

Can police officers stall to sniff? 

If your home or vehicle has been subject to a search after an alert by a police dog and you are prepared to fight the search, call us at (817) 203-2220.

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