"Know Your Rights Tuesday" Answer - 10/14/25

If you are pulled over for a traffic infraction, can the police use a drug dog to sniff around your vehicle even if they have no reason to believe there are drugs present?

Yes, they can use a drug dog during a traffic stop. However, law enforcement can only do so if it does not "prolong" the natural progression of the traffic stop.

This is a tricky question, especially if you have only had limited interactions with the police. To understand why, we have to think through two legal issues: (1) whether police can lawfully use a drug dog to sniff for evidence during a traffic stop, and (2) if so, when during the stop can the dog be used?

The answer to the first question has long been settled. The use of a drug dog to sniff around a vehicle is not a "search" in the eyes of the law, and therefore police are free to use a dog almost anywhere and at almost any time. Standing in line at an airport with a piece of luggage? Yes, the cops can run a dog around you. Pulled over for not using a blinker? Yes, the cops can run a dog around your car. Counter-intuitively, it does not matter whether the police have any other evidence of drug possession. The law permits them to use the drug dog without probable cause or reasonable suspicion!

If that sounds intrusive, that's because it is. But, since at least 2005, it has been the law of the land in every state thanks to the United States Supreme Court case of Illinois v. Caballes, 543 U.S. 405. In Caballes, the Supreme Court held that "the use of a well-trained narcotics-detection dog—one that does not expose noncontraband items that otherwise would remain hidden from public view," does not constitute a "search," and therefore is not prohibited by the U.S. Constitution, which only prohibits "unreasonable searches."

Thankfully, however, about a decade after Caballes, the Supreme Court decided another case which limited law enforcement's ability to use a drug dog whenever they wanted to during a traffic stop. That case, Rodriguez v. United States, 575 U.S. 348, (2015), held that the use of a drug dog which ""prolongs"—i.e., adds time to—the [traffic] stop," is illegal. The Court listed what types of activities are permissible during a traffic stop: "checking the driver's license, determining whether there are outstanding warrants against the driver, and inspecting the automobile's registration and proof of insurance," as well as writing the actual traffic ticket. However, under Rodriguez, if the use of the drug dog leads to a delay in conducting any of those actions, even an extremely brief one, it is illegal!

Whether a stop was illegally "prolonged" to permit a drug dog to sniff the car is often an issue of huge importance in a criminal case. An experienced defense attorney should review and gather documents such as body camera footage and dispatch reports to determine whether the police acted appropriately and timely during a stop. If they did not, the attorney can move to suppress the evidence and ensure that it cannot be used against you in your case.

If you or a loved one have a criminal case involving a potentially illegal search, including those involving a drug dog, call the Law Office of Michael V. Leeman, P.A. today. Our initial consultation is always free, and we can evaluate your case for these tricky issues that may turn the tide in your favor!

Call today! 239.281.0896

Or visit us at: www.leemanlegal.com