Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Mr Rogers

“You are never convicted based on a drug dog.”

No, the dog has to find the drugs a bad cop planted in your car first.

That’s the point, you have no control of your guilt or innocence if there is a dishonest cop. They could also use it as a way to extract bribes, “favors” from pretty women, or even seize a nice car, or just to deliberately detain someone they feel “needs it”.

When they have to establish probable cause through legitimate means, there is no danger of any of these things happening.


35 posted on 02/28/2013 3:36:57 AM PST by RFEngineer
[ Post Reply | Private Reply | To 26 | View Replies ]


To: RFEngineer

“No, the dog has to find the drugs a bad cop planted in your car first.”

Yep. The cop planted 8,000 matches in the guy’s car.

“When they have to establish probable cause through legitimate means, there is no danger of any of these things happening.”

Of course there is. Consider the case of the ex-marine killed by the Pima County SWAT team. They had a search warrant...based on near nothing, although they had kept family members under surveillance for over 6 months. The SWAT team went to his home when he was asleep - which they knew, since they knew his work schedule - and in seconds went from first knock to busting down the door. And when they saw him with a gun (safety on), they opened fire, shooting over 70 times, with bullets passing thru the house and into other houses nearby. They actually hit him 22 times, IIRC, then kept all medical help away for 90 minutes while he died. The DA here found no cause for action against the SWAT team.

If the system is corrupt, it is corrupt. But a trained dog alerting on a smell isn’t corrupt, and there is no reason to believe the cop planted the 8,000 matches or forced a confession or faked the Miranda rights prior to the confession. The defendant in the case doesn’t claim ANY of that - just that a trained drug dog alerting on a smell isn’t a reason to suspect drugs.

Remember, this is NOT a ‘warrantless search’ case. And they had the right to argue before the trial and during it that the evidence was obtained improperly, and let the jury decide how to weight the evidence. They didn’t do that. Instead, they argued on appeal that a drug dog alerting on a smell doesn’t provide probable cause.


37 posted on 02/28/2013 6:42:41 AM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
[ Post Reply | Private Reply | To 35 | View Replies ]

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