united-states criminal-law search-and-seizure pennsylvania drugs
What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania?
<p>What is the threshold for probable cause to run a drug-sniffing dog around a car in Pennsylvania?</p>
<p>My husband was pulled over in Pennsylvania. There was nothing in arms reach out in plain sight to cause a search.   He pulled over off the road,  which the officers falsified,  they ran the dog around the car after they made him leave and dropped him off themselves.   He was only driving a customer's car and they are blaming him with false claims.  Someone please explain the threshold to search.</p>

<p>The police performed an &quot;open air sniff&quot;. Federal and Pennsylvania law differ on this. Under Federal law, this is not considered a search and can be done on any vehicle- usually to get cause for a more invasive search. (Illinois v. Caballes, 543 U. S. 405 (2005).)</p>
<p>Under Pennsylvania law, an open air sniff requires reasonable suspicion. This is lower than probable cause- all it requires is that a reasonable person could suspect from the facts that a crime may have or could be committed. Being overly nervous during a routine traffic stop driving someone else's car could potentially be considered reasonable suspicion- as I only have your second-hand account, I won't speculate further.</p>
<p>If there was no reasonable suspicion, any evidence found by that search, or evidence found by a search justified by it would be suppressed.</p>
<p>Fourth Ammendment rights also apply here. The police cannot detain someone solely for the purpose of waiting for a sniffer dog. They have ways and techniques to waste time for this purpose, but if the stop was concluded before the dog arrived, your husband would be free to leave.</p>
<p>Again, I have only your second-hand account so I won't speculate on whether this happened. He should speak to his lawyer about specifics of the case.</p>
