Did the police use a dog to sniff out drugs and then
arrest you in Las Vegas, Henderson, or Southern Nevada for possession or intent
to distribute or sell?
If so, you should immediately call a Las Vegas criminal defense attorney who has experience with dog sniff drug cases. Say nothing to the police before, during, or
after the arrest. In fact, say nothing
to everyone except your criminal defense attorney. Failure to remain silent could greatly negatively
impact your defense.
Can the police use a drug dog to sniff out
narcotics or other contraband?
Yes!
Why?
Because…under the plain smell doctrine, if
contraband can be detected by smell, this provides sufficient cause for the
police to conduct a search without a search warrant if exigency so demands. (Exigency means that the search has to be done
now because waiting would cause some problem—i.e. the evidence would
disappear). Often, though, and depending on State or
federal law, the police officer will wait for a magistrate to sign a warrant to
conduct the search. The same rules apply
if a drug dog detects the odor. The plain smell doctrine is articulated in the
United States Supreme Court opinion of Johnson v. United States 333 U.S. 10, 13 (1948). As you can see, this rule has been around
since at least 1948. It is an extension
of the “plain sight rule” which says that evidence indicating a crime has
occurred that is in the plain sight of the police officer can be used as
evidence even absent a search warrant.
Recently, though, the courts are questioning this
police dog plain smell rule. In
California, for instance, a package of marijuana reeked and the police
conducted a warrantless search. Upon
conviction for possession, the defendant appealed and now the higher courts are
deciding whether the plain smell rule is constitutional and a valid extension
of the “plain sight” rule. People v. Robey (S197735).
Plain smell is more problematic than plain sight. For
instance, a package may smell of drugs because it was somewhere that drugs had
been, but the package itself contains private belongings of an innocent
person. This is perhaps one of the more
compelling reasons to prevent officers from relying on the sense of smell,
whether by their own nosy noses or those of their dogs.
Attorney Louis C. Schneider has had recent success
in a huge criminal case involving drugs, interstate transport of drugs, and
police dog sniffing out drugs. After
rigorously reviewing the evidence, the police procedure, and filing a motion
with the criminal court, it was apparent that the police procedure that the
police officer and the police dog used was illegal. Louis Schneider will use the same diligence
in reviewing the evidence against you when a police dog results in your arrest
for possession of drugs in Las Vegas, Henderson, Clark County, or Southern
Nevada.
REQUIRED
DISCLAIMER
The information about Las Vegas drug criminal
charges contained on this page is not intended to be legal advice about
criminal law. A Las Vegas defense lawyer should always evaluate your
criminal law matter as soon as possible. You should treat your drug charge with the seriousness it requires.
Moreover, the information contained in this blog is not intended to guarantee
any result. Each case is unique and will
require special attention by a criminal defense attorney.
When you say, I need a criminal defense lawyer in Las Vegas, call us.
