During a stop for speeding, the driver refuses consent to search. Five minutes later a canine alerts and narcotics are found in the car. The narcotics will be:

During a stop for speeding, the driver refuses consent to search. Five minutes later a canine alerts and narcotics are found in the car. The narcotics will be:

• A. Admitted at trial as the stop was constitutional
• B. Inadmissible because there was no consent
• C. Admissible only with a warrant
• D. Admissible if the dog has training certification

Answer: (A)

A lawful traffic stop allows a trained canine sniff to contribute probable cause for a vehicle search without the need for consent or a warrant, as long as the sniff does not prolong the stop beyond its normal purpose. Here, the stop for speeding was legitimate, and a five-minute delay to allow the dog to sniff, assuming it didn’t unreasonably extend the stop, is permissible. The dog’s alert provides probable cause to search the car’s interior, so narcotics found as a result can be admitted at trial. Consent was not required, and a warrant is not needed when a dog’s reliable alert creates probable cause. The fact that the dog is certified helps establish reliability, but the crucial point is that the alert, during a lawful stop, justifies the search without a warrant.

A lawful traffic stop allows a trained canine sniff to contribute probable cause for a vehicle search without the need for consent or a warrant, as long as the sniff does not prolong the stop beyond its normal purpose. Here, the stop for speeding was legitimate, and a five-minute delay to allow the dog to sniff, assuming it didn’t unreasonably extend the stop, is permissible. The dog’s alert provides probable cause to search the car’s interior, so narcotics found as a result can be admitted at trial. Consent was not required, and a warrant is not needed when a dog’s reliable alert creates probable cause. The fact that the dog is certified helps establish reliability, but the crucial point is that the alert, during a lawful stop, justifies the search without a warrant.