Can Police Use Dogs To Find Drugs In Rockland County?

We constantly hear about police dogs used in Rockland County. Officers mourn the deaths of these dogs as if they were human, and they have started to equip them with bulletproof vests. But while police dogs are often the protagonists of heartwarming stories, they are also capable of causing serious harm to average citizens. A dog attack can kill or maim an innocent victim, but a drug conviction is arguably more life-altering. When can police usually use dogs to find controlled substances in New York? What if you were arrested on drug charges in Rockland County because of a K9 unit?

Police Still Have to Adhere to the Fourth Amendment When Using K9 Units 

States approach the use of K9 units in different ways. In many states, police can use dogs to detect the scent of drugs without violating the Constitution. For years, the Supreme Court has maintained that a dog using its sense of smell in public is not a “search” under the Fourth Amendment. This effectively gave law enforcement free rein to establish probable cause.  If police lack probable cause, they must obtain a warrant before conducting a search.

New York approaches this issue in a distinct way thanks to an important case in 2023. In People v. Butler, a New York court decided that when a dog sniffs a person in public, this is a “search” under the Fourth Amendment. In other words, police must obtain a warrant before using a K9 unit to search you in public. If they carry out the search without your permission or a warrant, they must have probable cause.

People v. Butler involved a drug arrest in New York. It began when police observed a suspected drug transaction before pulling over a suspect for a minor traffic violation. The officers then used a K9 unit to sniff the defendant’s body, and the dog detected the presence of drugs.

When this case went to trial, defense counsel argued that the search was an invasion of privacy. The New York Court of Appeals agreed, and the decision could have serious implications for future drug cases.

Can I Argue That the Use of Drug-Sniffing Dogs Was Unconstitutional? 

Based on the 2023 decision, it may be easier to push back against police-sniffing dogs on constitutional grounds. However, the success of this strategy is not guaranteed. The use of police dogs may still be legal, especially if police establish clear probable cause. They may also obtain a search warrant before using a police dog, and the subsequent search would likely be lawful. To determine whether this strategy is appropriate for your specific case, it makes sense to consult with a defense lawyer.

Can a Rockland County Drug Defense Lawyer Help Me? 

If you were arrested on drug charges in Rockland County because of a K9 unit, speak with an experienced New City drug charges lawyer immediately. While police officers are allowed to use dogs to locate drugs in some situations, your search may have been unlawful. Phillip J. Murphy, Attorney at Law can help you fight for your constitutional rights with confidence. Reach out today to schedule a consultation.

Sources:

reason.com/volokh/2023/12/19/dog-sniff-of-a-person-is-a-fourth-amendment-search-new-york-court-rules/

spectrumlocalnews.com/nys/central-ny/public-safety/2023/08/10/use-of-police-k9s-evolves-with-changes-in-new-york-drug-laws