Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

Skip to comments.

Where Does a Cop With an 80-pound Dog Search? Anywhere He Wants.
Townhall.com ^ | February 27, 2013 | Jacob Sullum

Posted on 02/27/2013 5:08:50 PM PST by Kaslin

click here to read article


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-198 next last
To: dirtboy

Held:Where, as here, the Government uses a device that is not in general
public use, to explore details of a private home that would previously
have been unknowable without physical intrusion, the surveillance
is a Fourth Amendment “search,” and is presumptively unreasonable
without a warrant.

http://supreme.justia.com/cases/federal/us/533/27/case.html


41 posted on 02/28/2013 7:43:57 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: dirtboy

“In 1991 Agent William Elliott of the United States Department of the Interior came to suspect that marijuana was being grown in the home belonging to petitioner Danny Kyllo, part of a triplex on Rhododendron Drive in Florence, Oregon. Indoor marijuana growth typically requires high-intensity lamps. In order to determine whether an amount of heat was emanating from petitioner’s home consistent with the use of such lamps, at 3:20 a.m. on January 16, 1992, Agent Elliott and Dan Haas used an Agema Thermovision 210 thermal imager to scan the triplex.”


42 posted on 02/28/2013 7:46:10 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 39 | View Replies]

To: varyouga
Just about every bill in circulation has drugs on it. And if you wash your
bills you're definitely hiding something, so it should be confiscated/stolen.
43 posted on 02/28/2013 7:51:42 AM PST by MaxMax
[ Post Reply | Private Reply | To 11 | View Replies]

To: Mr Rogers
You don’t have a reasonable expectation of privacy while driving a car on a public road.

Horsecrap.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause,

Effects covers automobiles:

[C] “Papers and Effects”

“Papers” encompass personal items, such as letters and diaries, as well as impersonal business records. “Effects” encompass all other items not constituting “houses” or “papers,” such as clothing, furnishings, automobiles, luggage, etc. The term is less inclusive than “property”; thus, an open field is not an effect.

44 posted on 02/28/2013 7:52:35 AM PST by dirtboy
[ Post Reply | Private Reply | To 40 | View Replies]

To: Mr Rogers
Held:Where, as here, the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment “search,” and is presumptively unreasonable without a warrant.

And drug-sniffing dogs are also not in general public use, last I checked. SCOTUS contradicted its own precedent with this recent ruling.

45 posted on 02/28/2013 7:54:37 AM PST by dirtboy
[ Post Reply | Private Reply | To 41 | View Replies]

To: Mr Rogers
Held:Where, as here, the Government uses a device that is not in general public use, to explore details of a private home that would previously have been unknowable without physical intrusion, the surveillance is a Fourth Amendment “search,” and is presumptively unreasonable without a warrant.

And drug-sniffing dogs are also not in general public use, last I checked. SCOTUS contradicted its own precedent with this recent ruling.

46 posted on 02/28/2013 7:57:47 AM PST by dirtboy
[ Post Reply | Private Reply | To 41 | View Replies]

To: dirtboy

“Effects covers automobiles”

No, it does not - not when you are driving down the road. However, you might be correct if your car is parked in your garage.

https://en.wikipedia.org/wiki/Motor_vehicle_exception


47 posted on 02/28/2013 8:10:33 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 44 | View Replies]

To: Mr Rogers

And even your own link requires probable cause for a search. Using a drug sniffing dog is a search, plain and simple. The dog should not be used unless there has been probable cause from other means, such as observing the driving smoking pot.


48 posted on 02/28/2013 8:19:36 AM PST by dirtboy
[ Post Reply | Private Reply | To 47 | View Replies]

To: Ken H; Mr Rogers
Does an alert now allow a search of any vehicle - vehicles going through a DUI checkpoint, for example - 'yes' or 'no'?

The lack of a response here is quite telling.

49 posted on 02/28/2013 8:57:07 AM PST by dirtboy
[ Post Reply | Private Reply | To 36 | View Replies]

To: dirtboy; Ken H

“Does an alert now allow a search of any vehicle - vehicles going through a DUI checkpoint, for example - ‘yes’ or ‘no’?”

If a drug dog happens to be there, and it alerts on a vehicle going thru a checkpoint, then yes - there may well be enough probable cause for a search. The threshold for searching a vehicle is low.

Remember, this is NOT a case about warrantless searches of cars. It is a case involving probable cause: would a reasonable person, if they see a drug dog alert on a vehicle, suspect drugs are inside?

The standard is very different for a house, or for a person sitting inside the car.


50 posted on 02/28/2013 9:16:26 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 49 | View Replies]

To: Cyber Liberty

In most jurisdictions the dogs are considered to be police officers, theoretically if you harm one it is the same as if you had harmed an officer.

Contrast that with the idea if an officer harms a civilian’s dog it is considered property- usually of little or no value, instead of considering the dog as a member of the family.


51 posted on 02/28/2013 9:27:44 AM PST by Tammy8 (~Secure the border and deport all illegals- do it now! ~ Support our Troops!~)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Mr Rogers
If a drug dog happens to be there, and it alerts on a vehicle going thru a checkpoint, then yes - there may well be enough probable cause for a search. The threshold for searching a vehicle is low.

Wrong. The dog itself is a search method. Probable cause to use the dog should come from elsewhere.

52 posted on 02/28/2013 10:10:01 AM PST by dirtboy
[ Post Reply | Private Reply | To 50 | View Replies]

To: Road Glide
But again, how do we ascertain that the hound actually received “the stimulus” to which it’s producing a response? How do we _know_ that the response is correct, and not a false positive?

Why are dogs routinely used in search and rescue missions?

53 posted on 02/28/2013 11:49:55 AM PST by Alaska Wolf (I)
[ Post Reply | Private Reply | To 23 | View Replies]

To: Alaska Wolf
Why are dogs routinely used in search and rescue missions?

Because search and rescue missions aren't usually performed with the aim of depriving someone of life, liberty, or property.

54 posted on 02/28/2013 11:56:46 AM PST by papertyger
[ Post Reply | Private Reply | To 53 | View Replies]

To: papertyger

Dogs are used in search and rescue missions because of their acute sense of smell, in fact positively affecting a persons life, liberty and property.


55 posted on 02/28/2013 12:02:32 PM PST by Alaska Wolf (I)
[ Post Reply | Private Reply | To 54 | View Replies]

To: dirtboy

A dog is not a method.

Bottom line: the courts disagree with you. The Supreme Court disagrees 9-0. It isn’t close.

Besides:

“Officer Wheetley pulled over respondent Harris for a routine traffic stop. Observing Harris’s nervousness and an open beer can...”

“It is unlawful and punishable as provided in this section for any person to possess an open container of an alcoholic beverage or consume an alcoholic beverage while operating a vehicle in the state or while a passenger in or on a vehicle being operated in the state.”

http://www.flsenate.gov/Laws/Statutes/2011/316.1936


56 posted on 02/28/2013 12:39:47 PM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 52 | View Replies]

To: Alaska Wolf
But again, how do we ascertain that the hound actually received “the stimulus” to which it’s producing a response? How do we _know_ that the response is correct, and not a false positive?

Why are dogs routinely used in search and rescue missions?

In search and rescue missions, false positives don't generally trigger violations of privacy rights.

57 posted on 02/28/2013 1:03:43 PM PST by JustSayNoToNannies ("The Lord has removed His judgments against you" - Zep. 3:15)
[ Post Reply | Private Reply | To 53 | View Replies]

To: JustSayNoToNannies
false positives don't generally trigger violations of privacy rights

How many false positives have triggered violations of privacy rights? Are there credible statistics to which you can point?

58 posted on 02/28/2013 1:11:45 PM PST by Alaska Wolf (I)
[ Post Reply | Private Reply | To 57 | View Replies]

To: Alaska Wolf
How many false positives have triggered violations of privacy rights?

Every single one of them, by definitions of the terms.

59 posted on 02/28/2013 1:27:06 PM PST by JustSayNoToNannies ("The Lord has removed His judgments against you" - Zep. 3:15)
[ Post Reply | Private Reply | To 58 | View Replies]

To: Alaska Wolf
Oh, sure, that information's available for public perusal...just like cops keep detailed records of how often they lie.

NYPD Detdctive Admits Cops Regularly Plant Drugs On Perps

60 posted on 02/28/2013 1:29:35 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
[ Post Reply | Private Reply | To 58 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 181-198 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson