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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.)
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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
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