The Minnesota State Patrol has 15 K-9 teams that are trained to detect the odor of narcotics, but does that mean that you may see an officer walking up to your vehicle with a dog by his side the next time you’re pulled over? When are police allowed to bring a K-9 unit into a traffic stop in Minnesota? In today’s blog, we take a closer look at when a drug sniffing dog can be used during a traffic stop in Minnesota.
The Legality Of Drug Sniffing Dogs
While drug sniffing dogs are an incredible asset for a police force, that doesn’t mean that they have unlimited power to use them as they please. While they may be able to walk their K-9 through certain areas like schools or airports with a little more freedom, Minnesota law says that police can’t just bring them into any traffic stop simply because they witnessed a traffic infraction. So when are they allowed to bring them onto the scene?
For that answer, we have to turn to previous caselaw. In State v. Wiegand, 645 N.W.2d 125, 135 (Minn. 2002), it established that police officers are allowed to expand the scope of a traffic stop beyond its original purpose if an officer has a reasonable, articulable suspicion of other criminal activity. That includes bringing a K-9 unit onto the scene to search a driver’s vehicle.
An officer needs reasonable suspicion of additional criminal activity, outside of the original reason for a traffic stop, in order to bring in a K-9. Additionally, as established by State v. Taylor, 965 N.W.2d 747, 752 (Minn. 2021), reasonable suspicion requires more than a police officer’s mere hunch. An officer can’t bring in a dog because the suspect has dreadlocks and a tie-dye shirt with a peace sign on it. They need to have actual evidence or reasonable, articuable suspicion that the driver may have drugs in the vehicle.
Factors that can lead to the constitution of reasonable suspicion include:
- Slurred speech
- Bloodshot eyes
- Paranoia
- Difficulty following directions
- Visual evidence of drugs or drug paraphernalia
- Odor or illegal drugs
If you find yourself in a sticky situation after a traffic stop, make sure you connect with a lawyer who will defend you in the court of law. At Appelman Law Firm, we have extensive experience building strong defenses for individuals who have been charged after a traffic stop, and we can do the same for you. Even if it seems like the evidence is stacked against you, we have options that can make the best out of a bad situation. For more information, or to set up a free strategy session with an attorney, pick up the phone and give the team at Appelman Law Firm a call today at (952) 224-2277.
