QUESTION
Would arresting officer establish probable cause from an alleged "hit" from k9 unit using a "free air" sniff be a violation of 4th
Asked on Jul 17th, 2019 on Criminal Law - Florida
More details to this question:
Routine traffic stop for allegedly having 1 of 2 license plate lights out valid dl current insurance and registration provided officer returns to vehicle demands all 3 occupants to exit vehicle and uses k9 unit to do a "free air" sniff who allegedly "hits" officers remove keys from ignition unlock glove box and allegedly locate a significant amount of illegal narcotics
2 ANSWERS
1 Award
No, an arresting officer, who establishs probable cause from an alleged "hit" from a k-9 unit using a "free air" sniff, does not necessarily violate the 4th Amendment. However, if an officer makes a routine traffic stop for a civil traffic violation and continues the stop longer than a reasonable amount of time to check the driver's D/L, registration, insurance card, and run a computer check, then that could be a violation of the 4th Amendment. However, if the officer claims to have smelled marijuana or something illegal at the time of the stop, that may be sufficient to allow him to do a search of the vehicle -- or to continue the stop long enough to have a k-9 search. There are a number of nuances in a factual scenario that could impact whether the search was legal. Consequently, I recommend you talk to an attorney in more detail -- and that attorney can review the officer's report/s and give you a better analysis of whether the officer's factual scenario matches yours -- and, in turn, whether there is a viable challenge based on a 4th amendment violation.
Answered on Jul 18th, 2019 at 12:42 PM
False Arrest Attorney serving Fort Lauderdale, FL
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Gary Kollin, P.A.
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Only 1 license plate light needed.
316.22Taillamps.—(1)Every motor vehicle, which is being drawn at the end of a combination of vehicles, shall be equipped with at least two taillamps mounted on the rear, which, when lighted as required in s. 316.217, shall emit a red light plainly visible from a distance of 1,000 feet to the rear On a combination of vehicles, only the taillamps on the rearmost vehicle need actually be seen from the distance specified. On vehicles equipped with more than one taillamp, the lamps shall be mounted on the same level and as widely spaced laterally as practicable. (2)Either a taillamp or a separate lamp shall be so constructed and placed as to illuminate with a white light the rear registration plate and render it clearly legible from a distance of 50 feet to the rear. Any taillamp or taillamps, together with any separate lamp or lamps for illuminating the rear registration plate, shall be so wired as to be lighted whenever the headlamps or auxiliary driving lamps are lighted..(3) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318.
There may be issues of timing in order to get the K9 there, Thee are also issues of joint possession
Retain a lawyer
Answered on Jul 18th, 2019 at 9:49 AM