Can a Driveway Traffic Stop Allow a K9 Sniff?

If a person pulls into their driveway during a traffic stop, would that allow you to conduct a canine sniff? Let’s dive in.

Why Is This an Issue?

This question is relevant because of Collins v. Virginia. In Collins, the U.S. Supreme Court ruled that the motor vehicle exception does not apply when a vehicle is located within the curtilage of a home.

The facts in Collins involved a stolen motorcycle parked within the curtilage, specifically under a carport. Police officers recovered the motorcycle and charged Collins. When challenged, the officers relied on the motor vehicle exception established in Carroll v. United States (1925), which allows vehicles to be searched with probable cause.

The Supreme Court disagreed, emphasizing that the motorcycle was within a protected area (curtilage). Officers needed a separate justification to enter the curtilage. The motor vehicle exception and plain view doctrine were insufficient because neither allowed the officers to lawfully enter the property to seize the evidence.

Applying This to Traffic Stops

This issue comes up frequently, and unfortunately, there’s no clear case law directly addressing it. That said, here’s the guidance I provide:

If a person pulls into their driveway during a traffic stop, I suggest treating the interaction normally. In most cases, you can argue that the driver is consenting to continue the stop on their property. After all, they benefit from bringing the car closer to home—especially if they’re intoxicated or scared.

However, does this consent extend to a canine sniff around the car? That’s tricky.

The Florida v. Jardines Problem

In Florida v. Jardines, Miami police brought a drug-sniffing dog to the front door of a home during a knock-and-talk. Although knock-and-talks are consensual encounters, the Supreme Court ruled this action unlawful. There was no implied consent to bring a drug dog onto the curtilage.

This raises a similar question for vehicles: does implied consent to continue a traffic stop in the driveway include permission to use a canine? Probably not, unless the person explicitly consents.

Other Considerations

If the person explicitly tells you to leave their property, things become even more complicated. At this point, you’d need to justify your presence under exigent circumstances.

Exigent Circumstances Examples

1. Intoxicated Driver
   • The driver was weaving in their lane before pulling into the driveway.
   • If you leave, the driver could enter the home, drink more alcohol, and contaminate their blood evidence.
   • By the time you get a warrant for a blood draw, the results may no longer be accurate.
2. Uncooperative Driver or Multiple Occupants
   • If you don’t know who the driver is and there are multiple people in the car, they could switch seats or flee into the house.
   • Allowing them to retreat could create significant safety concerns or make enforcement more challenging.

Exigent circumstances can justify staying on the property or even conducting certain actions to preserve evidence, but they must be clearly articulated.

Best Practices

Considering Collins v. Virginia and Florida v. Jardines, here’s the safest approach:

• Avoid running a canine around a vehicle parked on curtilage.
  Unless you have explicit consent or clear exigent circumstances, the courts may view this as unlawful.
• Document your rationale thoroughly.
  If exigent circumstances apply, explain why leaving the scene would compromise evidence, public safety, or enforcement.

Final Thoughts

At this point, my advice is to err on the side of caution. Without explicit consent or a strong exigency argument, running a dog around a car on curtilage is risky. I wish I could provide a more definitive answer, but this is where the law currently stands.