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Meyer’s K9 Law

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Category: Frequently Asked Questions

What is precedent and what isn’t?

March 12, 2020

Precedence or controlling law means that a directly higher court’s rulings are binding on its lower courts. Each state is […]

Can the parent agency be held liable for actions of PSD team?

Yes. The agency for which the handler works can be held liable for the actions of the  K9 team under […]

Can a passenger in a lawfully stopped vehicle refuse to identify him/herself?

Yes. LE has the right to order all occupants from the vehicle, and while the driver is required to present […]

Can a K9 perform a free air sniff in the common areas of an apartment building?

Yes, but only if the common areas are truly open to any member of the public. If the common areas […]

If the defendant pleads guilty or is found guilty of resisting arrest, does that bar a civil lawsuit for excessive force?

It can. The Heck doctrine stands for the concept that if the defendant admitted to or was found guilty of […]

Does the sole fact of a positive alert and/or final indication allow LE to search a vehicle?

Yes, with the possible exception of a marijuana case. There have been new cases that hold, in the context of […]

If contraband is found in a vehicle within reach of occupants, who can LE arrest?

In most cases, everyone in the car. For example, where a large amount of money is found rolled up in […]

Can LE remove all occupants of the car prior to conducting a free air sniff around the vehicle?

Yes. At a traffic stop, LE has the right to remove all occupants of a vehicle, whether driver or passenger. […]

Can LE search unopened/locked containers in the vehicle after a positive alert/final indication?

Yes. It is well settled law that containers in a vehicle can be searched as long as the probable cause […]

Can LE search the entire vehicle even if the K9 only alerts/indicates on a specific area of the vehicle?

While this question has not been addressed on point, the answer is most probably yes. This is a two-step analysis; […]

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