Man claims K-9 vehicle searches are a violation of rights

By Spencer Burt

A Logan man believes a change in vehicle search laws is necessary after a judge denied his appeal on Monday in Utah's First District Court.

Roger Lopez, 43, was arrested on Dec. 31 for drug possession charges, and on Monday his attorney Michael McGinnis filed a motion to suppress evidence in the case. McGinnis argued that Lopez's car should not have been searched, and that his client was profiled by Officer Trevor Woolstenhulme before requesting a K-9 unit to perform an open-air sniff around the vehicle. Lopez was originally pulled over for driving with no license plate illumination.

"Obviously, he profiled me from the beginning," Lopez said later. He didn't accuse Woolstenhulme of racial profiling, but profiling based on what McGinnis called "gossip at the cop shop."

Woolstenhulme said under oath that Lopez was a "known drug user" based on past conversations with other officers, and admitted that was one of the reasons he immediately requested the K-9 unit.

"I think there was additional investigation because of a hunch," McGinnis said.

Prosecutor Aaron Jossie defended Woolstenhulme's actions, citing supreme court case United States v. Rodriguez. "The critical question is if it prolonged the traffic stop," he said, and not whether there was a reason for the K-9 sniff.

Lt. Brad Franke, who oversees the K-9 unit, said, "Officers can request the K-9 unit to do an open-air sniff during any traffic stop, as long as it doesn't delay or extend it beyond the normal amount of time."

Woolstenhulme's body camera footage showed the dog arrived within 3 minutes, which Judge Thomas Willmore ruled did not prolong the time of the stop.

Willmore denied the motion to suppress, citing the Utah Supreme Court case State of Utah v. Baker that a dog sniff does not count as a search, as long as the car was being lawfully detained.

Although the motion was denied, Lopez feels this may be an opportunity to "get some of our rights back." He said even though what the officer did was legal, it was unethical.

"Aren't cops supposed to be held to a higher standard of morals and ethics?" he said. "If it's unethical, they shouldn't do it."

Lopez believes the use of K-9 units to sniff for drugs should be limited to instances with probable cause. "It shouldn't just be at the cops' discretion."

Lopez plans to take his case to trial, and even if he goes to jail he hopes to appeal the decision.