Frequently Asked Questions - drug dogs
Your rights do not disappear if the officer threatens to call in the dogs, so don’t let this all-too-common tactic intimidate you into consenting to search requests.
Usually, the officer won't have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the K-9 unit. Before the dogs arrive, you have the right to determine if you can leave by asking "Officer, am I free to go?" If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches.
If a K-9 unit arrives, you have the right the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer's request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating "Officer, I don't consent to any searches." Repeat, if necessary.
If a judge determines that officer had no justification to detain you until the dog arrived, any evidence discovered by the dog can be thrown out in court.
For Flex's take on the most recent Supreme Court ruling on dog sniffs, click here.
Clip from the DVD, 10 Rules for Dealing with Police
