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Can a k9 police officer run his dog through a parking lot without the business owners permission?
Wiki User
∙ 15y ago
Yes, parking lots are accessible to the public, and therefore subject to the rules regarding "plain sight" evidence. The dog is a tool that the officer is using to check for illegal activity, such as drug use or loitering. No arrest has to take place to justify a patrol going through an open parking lot. United States Supreme Court ruled that the use of a K9 to "sniff" the outside of a vehicle is not considered a search under the guidelines of the 4th amendment. A vehicle parked in a parking lot has no expectation of privacy. Any K9 officer could run a K9 around any vehicle in the parking lot without any other cause other than he wanted to. It is not a search, therefore search and seizure rules do not apply. The vehicle is parked in a public place where any other person would have access to the air surrounding the vehicles. Same thing goes for the officer. If the K9 alerts on your parked vehicle, it is probable cause to seek a warrant to search and hold the vehicle until such is obtained.
Wiki User
∙ 15y ago
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