K-9 Units

K-9 Units

Is a K-9 Unit an Officer of the Law?

I am seeking others' opinions on the K-9 "Open Air Sniff" policy and motorists.  The reason for this is because our lawmakers say that a K-9 may conduct an "Open Air Sniff" at the discretion of the officer(s) during a traffic stop.  

If, during a traffic stop, an officer develops reasonable suspicion of drug possession, then the officer can detain the vehicle and occupants for a reasonable period of time to wait on a canine to conduct a free air sniff.

Taken from EHG Lawfirm.com

The idea behind this kind of search is that a driver has no reasonable expectation of privacy when it comes to the air around a vehicle. Since – theoretically – Joe Q. Public would be able to “sniff” the air around the car, there is nothing to prevent a police officer from using his drug dog to do the same.

However, this entitlement is not without exception. On August 13, 2014, the Georgia Court of Appeals sharply limited law enforcement’s ability to conduct these kinds of open-air searches during traffic stops in Bodiford v. State (A14A0683).

I have the following opinion:

  1. The K9 is considered an officer of the law.
  2. An officer HAS to have a warrant in order to conduct a search.
  3. Though the Air has no expectation of privacy, it's objective is to sniff the vehicle to find possible contraband.
  4. The handlers (officers) key them up with patting the vehicle and since we don't know the training of the K9, how are we to know what they are alerting to if they do alert.  I mean it could be a leftover pizza box or a box of chicken tenders.  Who know?
  5. Since a K9 IS an officer, then he shouldn't be able to search without a warrant. No matter how you word it, they are searching.  They are sniffing, digging with their paws, the handlers are allowed to open the doors to let them into the vehicle, it IS a search. They touch your things, it IS a search.

It's been taken way too far with the use of these K9's.  If you are pulled over for a taillight infraction, they can get the K9.  There are supposed to be rules and guidelines that go along with their use yet the courts mostly upload the enforcement officers whether or not they really had a valid for the use or not.  There's always some little thing the courts find that justify the reasoning for the legality of their use.  

It's a little, no it's a lot ridiculous the amountS of times and the reasons they have for the use of these methods.  Talk about abusing powers.  

Stay safe out there and this is my opinion.

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