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An article entitled ‘Meet Me At The Border: A Brief Overview of North Dakota Drug Sniffing Canines & Motor Vehicle’ written by Lindsey Duane Haugen, a partner at the law firm of Haugen, Moeckel & Bossart in Fargo, North Dakota has now been released and published by https://www.avvo.com/legal-guides, an authority website in the Criminal Law niche. The article brings to light fascinating information, especially if you have a drug charge based on a traffic stop involving a canine sniff.
Lindsey previously wrote a short guide to Minnesota’s approach to using drug sniffing canines on motor vehicles along the highway and it occurred to him how different the State of North Dakota approaches the same topic. In short, you have more protections for your freedom in Minnesota than you do in ND.
The factors that the courts in ND will consider when determining if a canine sniff is valid appears to include wholly “innocent factors” and do not require clear evidence of criminal or narcotics activity to start a canine sniff. A dog sniff, without a seizure, is not a search, under the Fourth Amendment. Yet, a dog sniff is not fairly characterized as part of the officer’s traffic mission. So what does this mean if you have been stopped under the circumstances described above.
In relation thereto Lindsey goes on to state: “A traffic stop ‘can become unlawful if it is prolonged beyond the time reasonably required to complete [the] mission’ of issuing a warning ticket.” Rodriguez, 135 S.Ct. at 1614-15.” In other words, you need to know your rights.
If you have been stopped, searched, and arrested for drugs in ND and a dog sniff was involved…get an attorney now!
Anyone who has a specific question or comment about this article, or any article previously published on the site, you are welcome to contact Lindsey via the website at https://haugenandmoeckel.com
Drivers in North Dakota and anybody else who’s interested in A Brief Overview of North Dakota Drug Sniffing Canines & Motor Vehicle can read the entire article at https://www.avvo.com/legal-guides/ugc/meet-me-at-the-border-a-brief-overview-of-north-dakota-drug-sniffing-canines-motor-vehicle/ugc/meet-me-at-the-border-a-brief-overview-of-north-dakota-drug-sniffing-canines-motor-vehicle
Release ID: 88932488