Generally speaking, officers have probable cause to search a vehicle when a trained narcotic dogs gives alert to the presence of drugs. This has been held in the decision State v. Lopez and was an appeal was not allowed.
Therefore, it has been held that when stopped for an OVI and a trained drug dog detects drugs, the scope of the stop may be expanded. Thus, the lengthened detection was not unreasonable.
In addition, it has been determined that a detained vehicle may be subjected to a drug sniff even in the absence of a reasonable suspicion of drug-related activity. Further, the scope was expanded when the US Supreme Court ruled that when a drug dog sniffs luggage randomly at the airport, it is not a “search” within the meaning of the Fourth Amendment.
So, if you have been stopped and detained by a police offer for a Columbus, Ohio OVI, and drug dogs were used to obtain evidence, make sure your attorney explores all the possible defenses relating to the search. Keep in mind it is always a totality of the circumstances test and ALL facts must be taken into consideration when evaluating the case.