Legal Question in Criminal Law in Florida
Regarding open air k9 sniff during a lawful traffic stop.
If the officers order the occupant(s) to exit the car before the sniff I believe there are laws/statutes to support this order.
What if the officer orders the occupant(s) to remove their personal animal, also in the vehicle, are there any laws/statutes to support this order?
1 Answer from Attorneys
If police legally stop a vehicle, they are allowed to order the occupants (including animals) of the vehicle out for officer safety. If they have a K9 with them then they can certainly do a sniff around the vehicle. If they have reasonable suspicion, they can make you wait while they get a K9 to show up if they don't already have one. Heck, if they have probable cause they can just search your car. On the other hand, in the absence of reasonable suspicion or probable cause, they can't make you wait too long for a K9 because a traffic stop cannot last longer than necessary than it takes to effectuate the purpose of the stop.
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