Use of K-9 Units at Traffic Checkpoints


Lujan v. State, No. PD-0303-10, 2011 WL 93025 (Tex. Crim. App. Jan. 12, 2011).

On petition for discretionary review, the Texas Court of Criminal Appeals approved the use of K-9 units at a stationary traffic checkpoint implemented with the stated purpose of merely identifying unlicensed and uninsured drivers.

Lujan was traveling through El Paso with a passenger, when he came upon a stationary traffic checkpoint set up by local police. Lujan did not have a driver’s license. He was asked to pull over and was questioned about his activities that night. The officers discovered that Lujan’s passenger had outstanding warrants, and the passenger was removed from the vehicle.

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