Page 148 - Original 2020 Legal Guide By Jack Ryan

Task: Canine Sniff of Vehicle

Illinois v. Caballes, 543 U.S. 405 (2005).

• Where officers have lawfully stopped a vehicle, they may use a

drug-detection dog to sniff the exterior of the vehicle as long as the

sniff occurs within the duration of the purpose for the initial stop.

Example, if the stop is for writing a citation, the sniff would have to

occur within the time it takes to write a citation.

• If an officer has to wait for a canine for a period of time that exceeds

the time it takes to complete the initial stop, based upon the reason

for the initial stop, the sniff will be the result of an unreasonable

detention.

©2020 Jack Ryan Legal & Liability Risk Management Institute 147