Understanding West Virginia Law on Dog Sniffs During Traffic Stops
Introduction: During a routine traffic stop, a police officer may use a dog to sniff for drugs or other illegal substances. However, the use of a dog sniff during a traffic stop is subject to certain legal restrictions in West Virginia. In this blog post, we will examine West Virginia law regarding the lawfulness of dog sniffs during traffic stops.
What is a dog sniff? A dog sniff is a procedure in which a trained dog is led around a car by a police handler for the purpose of detecting the presence of drugs or other illegal substances. These stops are commonly used on higher-traffic drug corridors, such as interstate highways, and certain geographic areas that are known to have high drug-related activities.
Legal Framework for dog sniffs in West Virginia: In West Virginia, as a general rule, the use of a dog sniff during a lawful traffic stop is not a “search” within the meaning of the Fourth Amendment to the United States Constitution, or Article III, Section 6 of the West Virginia Constitution. However, a police officer may not extend an otherwise-completed traffic stop, absent reasonable suspicion, in order to conduct a dog sniff of the outside of a vehicle. That is, the police cannot prolong a completed traffic stop to wait for a dog handling officer (commonly called a K-9 unit), to arrive on scene, unless that officer has some reasonable, articulable suspicion that there are drugs in the vehicle. A mere “hunch” is not enough.
Implications for West Virginia Drivers: West Virginia drivers should be aware that police officers may use dog sniffs during traffic stops to search for drugs or other illegal substances. If you are stopped in West Virginia, you may want to time your traffic stop, so you have a clear record of how long you were detained. You may also want to consider not answering any questions other than those related to your license, registration and insurance. If an officer detains you in order to conduct a dog sniff, simply let them proceed, ask to speak to a lawyer in response to any questioning, and do not consent to any additional search of your vehicle without a warrant.
Conclusion: West Virginia law allows police officers to use dog sniffs during traffic stops to search for drugs or other illegal substances. However, officers must have reasonable suspicion that the vehicle contains illegal substances, and the dog sniff cannot extend the duration of the stop. You may not be able to prevent an officer from conducting a dog sniff on your vehicle, but you can protect yourself by documenting how long the stop took, by not answering questions without a lawyer present, and by not consenting to any searches without a warrant. If you or someone you know has been arrested and charged with a drug-related crime following a dog sniff traffic stop, call Simms Law Office today for a free consultation.