I am aware of laws regarding the use of K9s on MV stops in order to detect drugs, etc. however, my knowledge of the other benefits of a K9 are limited due to lack of experience with K9s. I was wondering if anything was out there regarding the use of a K9 and dwelling searches (specifically a dorm room) and the use of a K9 to detect whether or not a person is carrying drugs on their person.
What I am looking for are other ways/ideas that drugs could be discovered other than a search warrant (which I am in the process of applying for)...
Some of what I am dealing with is if you have information that a person is dealing, and that they are known to carry a large amount of drugs on their person when they go to class, (University) could you have a K9 available so that in the event that we as police make contact with the individual and they refuse to open their bag, the K9 can then be used to detect drugs? From that point, upon the seizure of drugs from the backpack, I would think PC for a warrant would be even stronger at that time should the suspect not consent to a search of his room.
If someone could point me in the right direction as far as experience with a K9 and or case law that I can read, I would appreciate it.
Posted by: 5-0
I don't know a whole lot about K-9 units, but I am pretty sure that case law came down regarding their presence at a lawful motor vehicle stop. In that case, they were allowed to sniff the exterior of a vehicle without a warrant. Now, common sense would dictate that the same would apply to a person that you are having an 'encounter' with, but you can't compel them to stay there if you don't have reasonable suspicion.
I am just thinking out loud here, so bear with me. If you had reasonable suspicion, and stopped them on foot, I suppose that the K-9 is also 'lawfully present' (assuming that you were the handler, not calling someone in) at that moment, and you could be good to go. I don't think you could call in a K-9 unit for a pedestrian though. As for dorm rooms, I think it would all come down to being 'lawfully present' again, but this is Massachusetts... If you don't have consent, there is no way a K-9 is going in. You might also check campus policy to see if a K-9 can even walk in a building common areas. That might even be a no-go.
edit: Duh.. It's 0230, and I just realized you mentioned that you were aware of the MV stuff. I need sleep.
Posted by: Chief Wiggins
GirlCop21, I sent you a PM.
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