Traffic Stops and Drug Sniffing Dogs

The United States Supreme Court has ruled in the case of Rodriguez v. the United States, officers can’t prolong a traffic stop to perform a search with drug sniffing dogs without reasonable cause.

When you are stopped by a police officer in Atlanta for suspicion of driving under the influence of alcohol and placed under arrest for DUI, the officer will read you an implied consent card. At the end of the reading he or she will ask you to take the state administered blood test.

How Long Can Traffic Stops Last and Can They Use Drug Sniffing Dogs?

The United States Supreme Court issued a rule in the case of Rodriguez v. the United States in April 2015. The rule announced by the Court is that the “seizure for a traffic violation justifies police investigation of that violation” not more, and “authority for the seizure …ends when tasks tied to the traffic infraction are-or reasonably should have been completed.”

Being stopped by the police is a common occurrence to most people (not just drug dealers), so this decision may give some comfort to those being stopped. It also may help in defending those who have been stopped and ended up having drugs found in their vehicle.

Traffic Stops Should Not Last Very Long

Traffic stops have to be reasonably short, and unless there is a reasonable suspicion of some other crime, officers aren’t supposed to use the stop as a basis to conduct an investigation regarding other issues. More specifically, the United States Supreme Court said that officers can’t prolong a traffic stop just to perform a drug sniffing dog search.

Long Traffic Stops May be Against the Law

If the traffic stop is prolonged, then it may be in violation of the United States Constitution. If so, a criminal law attorney may be able to provide evidence of the drugs, or other evidence obtained as the result of such investigation excluded from evidence. This would mean that the prosecution may not be allowed to use the evidence against the accused. In such cases, the case may be dismissed.

Contact criminal law attorney Richard Blevins today for free consultation at 770-419-1945.

Sandy Springs/Atlanta Criminal Law Lawyer

Richard N. Blevins, Jr.

Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.

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