Being pulled over by the police can be an anxiety-inducing event no matter the circumstances. In some traffic stops, the police may have a K9 unit with them, and a dog may be used to sniff around the outside of your vehicle. When you tell your attorney, “a police dog sniffed my car during a traffic stop in Utah,” it is their job to determine whether this action was legal. If not, then it may be cause to have your case dismissed.
At Blackley & Wingad, our team of Salt Lake City drug crime lawyers have decades of trial experience. Whether your traffic stop has occurred in Cottonwood Heights or Rose Park, Blackley & Wingad is ready and able to serve you. We know the local players and court systems and can use this knowledge to the advantage and benefit of your case. With a proven track record of delivering client results, we stand prepared to serve you and protect your rights today.
The Legality of a Police Dog at a Traffic Stop in Utah
In legal traffic stops across Utah, K9 units are often dispatched to sniff the exterior of vehicles for the detection of possible drugs or controlled substances. While recent studies have ranked Utah last based on overall drug usage in 2024, and drug offenses decreased by 3% in 2023, 19 out of every 100,000 state residents died as a result of a drug overdose.
If you are a Utah resident or are driving through the state, being aware of the legality of K9 units used during traffic stops is essential. The Utah Highway Patrol typically will pull people over for speeding or for following too closely behind another vehicle. These stops may be used as a reason to search the vehicle for drugs and other items of contraband, and it is important to know your rights in these situations.
In Utah, a police officer can use a dog to sniff and walk around the perimeter of your vehicle even if they have no reasonable suspicion that the driver and passengers are engaged in any kind of illegal activity or drug crime, as long as the dog sniffing does not surpass the duration of the legal stop.
This means, if the police have pulled you over for speeding, they are only allowed to detain you for as long as it takes to run your license and registration and issue your traffic violation ticket. If a K9 unit is present, the dog can only be used to sniff the perimeter of your vehicle for a matching period of time. If you are detained following the issuing of a ticket in order for the dog to sniff your vehicle, then the stop has become illegal, and your rights have been violated.
Your Rights During a Traffic Stop
While the use of a K9 unit is generally legal during a traffic stop in Utah, it is still important to be aware of your rights. Many individuals believe they have to comply with every single request made by a police officer during a traffic stop. While it is important to remain calm, polite, and cooperative, knowing your rights is a crucial part of any defense. These rights include:
- The right to remain silent. At a traffic stop, you have the right to remain silent and do not have to legally answer any of the police officer’s questions outside of offering them your identifying information.
- The right to a reasonable duration of the traffic stop. When a K9 unit is present, the police can only detain you for as long as it takes to run the traffic stop. If the traffic stop is prolonged so that the dog can continue sniffing your vehicle, then this is a violation of your rights and may be used as a defense should you be arrested.
- Your constitutional rights. In Utah, you are entitled to various rights under the U.S. Constitution. One of these rights includes the right against unreasonable searches and seizures. If, for any reason, the police use the K9 unit to sniff the inside of your vehicle without reasonable suspicion or your consent, then this is a direct violation of your Fourth Amendment right.
FAQs
What Are the Most Common Drugs Found in K9 Searches?
K9 units, or police dogs, are typically trained and used to detect very specific, yet common illegal drugs or controlled substances. In most cases, these dogs are trained to search and identify drugs like cannabis, or marijuana, cocaine, heroin and opioids, methamphetamine, and synthetic drugs like MDMA, ecstasy, or fentanyl.
How Can a Defense Attorney Help Me in a Drug Crime Arrest Following a Traffic Stop?
Following a traffic stop and drug crime arrest, an attorney works to provide you with a stalwart and comprehensive defense strategy. They can challenge any kind of unlawful search and seizure that might have taken place, examine any evidence for potential errors, and protect your rights throughout the legal process.
What Are the Penalties for a Drug Crime or DUI Conviction?
Whether you have been convicted of a DUI or drug crime in Utah, there are a number of legal penalties you can face. These penalties include heavy fines, jail or prison sentences, mandatory alcohol-treatment programs, rehabilitation, or educational classes, parole or probation with strict conditions, and a criminal record that can affect housing and employability.
What Are My Rights if a Police Dog Bites Me During a Traffic Stop?
If you were bitten by a police dog during a traffic stop, know that while the use of a K9 unit is legal, its use does not come without its limitations. A police dog bite can be considered use of excessive force if you were not resisting the police or attempting to flee, you were not a threat to officers or other members of the public, or if the bite occurred without any kind of probable cause.
Hire a DUI Lawyer Today
If you have been pulled over in a traffic stop in Utah and arrested following the use of a K9 unit to sniff the perimeter of your vehicle, you need to hire a DUI lawyer and drug crime lawyer as soon as possible. The experienced team at Blackley & Wingad, Attorneys at Law, PLLC, can review the stop and identify any rights violations that may have occurred. Call our offices today to learn more and schedule a consultation.
