TRUCK TRACTOR / TRAILER SNIFFS:

Summary:

A canine sniff of the exterior of a vehicle is not a search. The vehicle must be lawfully detained, such as a traffic stop, roadblock, etc.

If the vehicle is parked in a public place, random and suspicionless dog sniffs of the exterior is not a search.

An investigative stop and/or detention of a vehicle for an exterior canine sniff, must be supported by reasonable suspicion or consent. Drug courier profile, without more, does not create reasonable suspicion. Failure to consent to search cannot form any part of basis for reasonable suspicion.

Once the canine sniff produces a positive alert, this alert establishes probable cause.

Under the automobile exception to the search warrant requirement, all parts of the vehicle may be searched without a warrant.

The dog may be used for the interior search (after the positive canine alert on the exterior).

You may impound and tow the truck tractor / trailer to a different location and continue the warrantless search of the vehicle there.

If, after a positive canine alert on the exterior of the vehicle, no contraband is located in the vehicle, you may conduct a “pat-down” search of the occupants.

A) United States v Solis (536 F. 2d 880 (1976) Ninth Circuit

A K-9 was called to sniff a tractor / trailer, parked at a gas station.

The dogs' intrusion such as it was into the airspace open to the public in the vicinity of the trailer was not an invasion of the "curtilage", the trailer.

B) United States v Gonzales-Basulto (898 F. 2d 1011 (1990) Fifth Circuit

Search of tractor trailer rig did not exceed scope of driver’s consent, where driver knew that agents were using drug-sniffing dogs, dogs were present when consent was given and driver stood silent as two dogs and their handlers were hoisted into trailer.

Using drug-sniffing dog to examine closed boxes in truck’s refrigerated trailer was not a search.

C) United States v Munroe (143 F. 3d 1113 (1998) Eighth Circuit

A truck tractor was overweight at an inspection station.

Officers established reasonable suspicion of criminal activity and justified detention of the tractor beyond the traffic stop for 10 minutes.

Upon the canine sniff and the positive canine alert, officers had probable cause to search the tractor without a warrant.

D) United States v Singh (363 F. 3d 347 (2004) Fourth Circuit

Officers had probable cause to search defendant’s tractor-trailer rig without a search warrant, where narcotics detector dog alerted to odor of narcotics at trailer’s rear doors.

The dog was then placed inside the trailer and he immediately alerted on the front wall of the trailer.

E) United States v Ibarra (493 F. 3d 526 (2007) U.S. Court of Appeals Fifth Circuit

Probable cause to search trailer was lawfully established at truck repair facility at time first police dog alerted to presence of narcotics within trailer. Agents had received permission from management at facility to enter the premises.

The mere fact that the agents did not conduct the search while the trailer was parked at Freightliner did not extinguish the existence of probable cause to search the trailer after it left. At the time the tractor-trailer was stopped by the Trooper, the trailer squarely fell within the automobile exception to the search warrant requirement.

Dog sniff of exterior of trailer at facility where tractor was receiving repairs was not a “search” within meaning of Fourth Amendment.

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