Using Drug Dogs at a Traffic Stop Illegal?

North Idaho attorney Joanna McFarland argued that using a drug dog at a traffic stop is overreaching and illegal, and that her client should have been released after police officers cleared him of driving under the influence. Lewiston police detained Michael Parkins while waiting for a drug dog to pursue another investigation even though they had no reasonable suspicion that Parkins had any controlled substances on him. When the drug dog arrived to the scene, he alerted police of possible drugs in the car. They found two ounces of methamphetamine in a nylon bag in Parkins' pants.
Comments from Allen:  In jurisdictions all over the country, patrol officers are stopping drivers for one crime as a pretext for searching for drugs.  I see this almost every week in my practice in Idaho.  Why Idaho in particular?  Idaho has not legalized the use of marijuana, while that drug has been decriminalized to one degree or another in nearby Montana, California, Oregon and Washington.  Patrol officers look for cars traversing the highways with out-of-state plates, and then look for some excuse to stop the vehicle to search for drugs.  Various reasons commonly given for the stops:  illegal windshield tint, speeding, and even "following too closely."

 Once the reason for the stop has concluded, the driver is supposed to be released to resume his trip.  What happens frequently, though, is that the driver of an out-of-state vehicle is asked a series of questions regarding whether they have drugs in their cars.  They are told that if they are honest with the officer about drugs in the car, they will get a ticket and he will let them go.  Sometimes, as in this case involving Ms. McFarland, they are told if they don't admit to what drugs they are carrying, the officer will make them wait until he can have a drug-detecting dog come over for a sniff search.  

 If the officer does not have reasonable suspicion to believe the motorist was involved in other criminal activity after concluding the stop, he must let the motorist go. In this instance, it is absolutely appropriate to challenge the reason for detaining the motorist.

 If you believe the police should be allowed to keep motorists stopped at the side of the road after they have been issued their speeding tickets or after they passed their field sobriety tests during a DUI stop, consider this:  making every out-of-state motorist wait at the side of the road until a drug dog is available is incredibly burdensome on the average traveler.  You would be causing a lot of innocent travelers to miss appointments and sit at the side of a hot road for an hour for no reason.  I had one client have to sit and watch police officers unwrap all of the gifts he had in his car after returning from a shopping trip.  

 Making motorists wait for drug dogs, and allowing searches without probable cause, are impositions we don't need in a free society.

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Allen Browning is an attorney in Idaho Falls, Idaho who handles personal injury and criminal defense. He has over 30 years of experience and handled thousands of cases. Allen handles cases from all over Idaho. Call (208) 542-2700 to set up a free consultation if you are facing legal trouble or you have been involved in an accident.

Also, check out browninglaw.net for more information about Allen and Browning Law.

Allen Browning can help with all personal injury claims including motor vehicle accidents,truck accidents, auto accidents, serious and disabling accidents, and wrongful death claims.

Allen Browning is an Idaho Falls attorney who can also help with drunk driving (DUI), traffic violations, Felony, Misdemeanor, Domestic Violence, Drug Crimes, Theft, Juvenile Crimes, battery and assault charges, Violent Crimes, and Probation/Parole Violations. He is one of the most experienced and successful criminal defense attorneys in Idaho.


Allen is able to provide his services if the incident occurs in the following Idaho Areas: American Falls, Arco, Blackfoot, Boise, Burley, Driggs, Idaho Falls, Malad City, Pocatello, Rexburg, Rigby, Salmon, St. Anthony, Twin Falls, Bannock County, Bingham County, Bonneville County, Butte County, Cassia County, Clark County, Fremont County, Jefferson County, Lemhi County, Madison County, Oneida County, Power County, Teton County, and Twin Falls County.  
Sources for more information:
http://www.localnews8.com/news/n-idaho-attorney-challenging-use-of-drug-dog-in-arrest/40243378

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