The Case of the Police Dog and Probable Cause

CPT provided expert opinion regarding the operation of a police canine handler and police K9 during a traffic stop that included detainment of the driver, K9 search of the exterior of the vehicle, a subsequent interior vehicle search, and the seizure of methamphetamine physically located within the vehicle. The case was more complicated than most due to the fact that during the exterior search the vehicle was occupied by a female Belgian Malinois in estrus owned by the driver. Therefore, a question arose regarding the dog’s presence and its resultant affect on the K9’s search behavior. CPT viewed video of the search to examine the behavior of the K9 dog and the handler. Most relevantly, we wished to examine whether the dog may have caused the K9 to commence a behavior that replicated the normal indication behavior, whether the handler communicated leading verbal or physical communication that inappropriately prompted an indication behavior, and/or whether the handler and dog adhered to department protocol for probable cause and search operations throughout all phases of the traffic stop.