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High Court Rules Dog Sniff During Traffic Stop OK Without Suspicion Of Drugs
Associated Press ^ | 1/24/2005

Posted on 01/24/2005 9:20:02 AM PST by Lazamataz

The Supreme Court gave police broader search powers Monday during traffic stops, ruling that drug-sniffing dogs can be used to check out motorists even if officers have no reason to suspect they may be carrying narcotics.

In a 6-2 decision, the court sided with Illinois police who stopped Roy Caballes in 1998 along Interstate 80 for driving 6 miles over the speed limit. Although Caballes lawfully produced his driver's license, troopers brought over a drug dog after Caballes seemed nervous.

Caballes argued the Fourth Amendment protects motorists from searches such as dog sniffing, but Justice John Paul Stevens disagreed, reasoning that the privacy intrusion was minimal.

"The dog sniff was performed on the exterior of respondent's car while he was lawfully seized for a traffic violation. Any intrusion on respondent's privacy expectations does not rise to the level of a constitutionally cognizable infringement," Stevens wrote.

In a dissent, Justice Ruth Bader Ginsburg bemoaned what she called the broadening of police search powers, saying the use of drug dogs will make routine traffic stops more "adversarial." She was joined in her dissent in part by Justice David H. Souter.

(Excerpt) Read more at sfgate.com ...


TOPICS: Breaking News; Crime/Corruption; News/Current Events
KEYWORDS: billofrights; fourthamendment; greatidea; illegalsearch; policestate; privacy; prohibition; scotus; waronsomedrugs; wodlist; workingdogs; wosd
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Another day, another privacy lost.
1 posted on 01/24/2005 9:20:07 AM PST by Lazamataz
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To: All

I guess we all know which way the court will be deciding when probes and sensors are devised that can peer into your house.


2 posted on 01/24/2005 9:21:31 AM PST by Lazamataz
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To: Lazamataz

What a sad day for freedom.


3 posted on 01/24/2005 9:22:59 AM PST by yellowdoghunter (Liberals should be seen and not heard.)
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To: Lazamataz

I hate it when the dog sniffs your crotch.


4 posted on 01/24/2005 9:24:34 AM PST by Wheee The People (Oo ee oo ah ah, ting tang, walla-walla bing bang. Oo ee oo ah ah, ting tang, walla-walla bing bang!)
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To: yellowdoghunter
What a sad day for freedom.

.... what little freedom remains, you mean.

I have friends from other countries, a few have settled here, and without fail, they remark "You Americans think you are free. Maybe once you were, but now, you live in a police state that rivals that of East Germany."

5 posted on 01/24/2005 9:25:08 AM PST by Lazamataz
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To: Lazamataz

Can't say I like this ruling.......


6 posted on 01/24/2005 9:28:04 AM PST by Pondman88
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To: Lazamataz
What happens when the dog sniffs out the drugs that is said to be found on our money?

Will they take the couple hundred bucks I carry and confiscate my car, seize my home?

BigMack
7 posted on 01/24/2005 9:28:32 AM PST by PayNoAttentionManBehindCurtain (aka: Horselifter, Mackdaddy:)
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To: Lazamataz

Pretty Sad, when the only justices on the CONSERVATIVE side, are Ginsburg, and Souter.


8 posted on 01/24/2005 9:28:51 AM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you don't have to" ;)
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To: Lazamataz
Sheeesh....they basically just vacated the right to decline when they "ask" if they can search your car. The cops can say you "acted nervous" (who doesn't, when getting pulled over??) and bring in the dog. Dishonest ones can toss a roach in the car...

-Eric

9 posted on 01/24/2005 9:29:32 AM PST by E Rocc (Leftists look at liberty the way Christians look at sin.)
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To: Lazamataz

This court, along with too many of our otherwise upstanding citizens, will tolerate any police state measure if is invoked in the "War On Drugs."


10 posted on 01/24/2005 9:29:42 AM PST by FreePaul
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To: PayNoAttentionManBehindCurtain

Yes.


11 posted on 01/24/2005 9:30:09 AM PST by the gillman@blacklagoon.com (RLK was right.)
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To: Lazamataz

I hate when I agree with Ginsburg


12 posted on 01/24/2005 9:30:25 AM PST by NEPA
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To: PayNoAttentionManBehindCurtain
What happens when the dog sniffs out the drugs that is said to be found on our money?
Good point. At the very least that gives them "probable cause" for a greater search.

-Eric

13 posted on 01/24/2005 9:30:52 AM PST by E Rocc (Leftists look at liberty the way Christians look at sin.)
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To: Lazamataz
Judges need to get out in the real world a little more.

Surrounded by a Praetorian Guard of police officers who all treat them so nice, no wonder they allow law enforcement more and more leeway - aren't all cops like the nice, respectful, good men that drive them around from place to place in their SUVs?

14 posted on 01/24/2005 9:30:53 AM PST by ikka
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To: PayNoAttentionManBehindCurtain

It has happened...


15 posted on 01/24/2005 9:30:58 AM PST by lodwick (Integrity has no need of rules. Albert Camus)
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To: Lazamataz

Paranoid bump.


16 posted on 01/24/2005 9:31:27 AM PST by verity (The Liberal Media is America's Enemy)
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To: Pondman88
Can't say I like this ruling......

The Ruling Class has decided that there's no such thing as 'Unreasonable' search.

No-suspicion searches, even with a dog, are PRECISELY what the 4th amendment was written to prevent.

American liberty has long been very sick, but I was surprised to see yet another near-death-spasm. It's really all over but the outright revocation of the BoR; the confiscation of the guns; the outright suppression of free speech...

17 posted on 01/24/2005 9:31:43 AM PST by Lazamataz
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To: Lazamataz

Okay, so in this case the dog was used while the defendant was "lawfully seized in a traffic violation." How long before dogs are used at the drunk-driving roadblocks, where everyone is seized with no probable cause? How long until cops have the dogs stroll around shopping center parking lots? Still slip-sliding down that slippery slope...and the defenders of this crap will only scream bloody murder when it's THEY who are inconvenienced.


18 posted on 01/24/2005 9:32:45 AM PST by ellery (Concentrated power has always been the enemy of liberty. - Ronald Reagan)
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To: Lazamataz
...ruling that drug-sniffing dogs can be used to check out motorists even if officers have no reason to suspect they may be carrying narcotics.
"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny." - T. Jefferson
19 posted on 01/24/2005 9:33:47 AM PST by oh8eleven
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To: Lazamataz

You are free to submit... Is this what Bush means by ''freedom''?... hardly worth fighting for.


20 posted on 01/24/2005 9:33:57 AM PST by Lexington Green (Follow the money - Saddam to Rich to Clinton)
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To: Lazamataz

Hmm.

I still get to choose my own job, or no job. That wasn't available in East Germany.

I still get to choose where I live. That wasn't available in East Germany.

My taxes are lower than anywhere in Europe. Ditto East Germany.

I choose my doctor.

I get a few bonus years at the end of my life that people born in other countrie don't get.

I can be part of the government if I want to. Or not.

etc.

Hyperbole suits you and your friends, Laz.


21 posted on 01/24/2005 9:35:03 AM PST by sam_paine (X .................................)
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To: ellery
Okay, so in this case the dog was used while the defendant was "lawfully seized in a traffic violation." How long before dogs are used at the drunk-driving roadblocks, where everyone is seized with no probable cause? How long until cops have the dogs stroll around shopping center parking lots? Still slip-sliding down that slippery slope...and the defenders of this crap will only scream bloody murder when it's THEY who are inconvenienced.

Just you wait. It's not even about the dogs, it's about the probes and sensors just around the corner. Got some outdated prescriptions in the cabinet? Well, we detected it with our InYerFaceTM interior-dwelling drug probe. YOU ****ING DRUG FELON, UP AGAINST THE M*****F*****G WALL, PUNK, BEFORE I HAVE TO SHOO...(BANG)

22 posted on 01/24/2005 9:36:09 AM PST by Lazamataz
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To: Lazamataz

There goes that Amendment. Strike "unreasonable search" from the record.


23 posted on 01/24/2005 9:36:55 AM PST by thoughtomator (Meet the new Abbas, same as the old Abbas)
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To: Lazamataz

I'm glad to see virtually nobody on this thread defending the decision... though I'm sure they'll show up soon enough. :(


24 posted on 01/24/2005 9:37:35 AM PST by Sloth (Al Franken is a racist.)
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To: Lazamataz

Unbelievable. These people are no Conservatives.


25 posted on 01/24/2005 9:37:45 AM PST by Finalapproach29er (I can no longer discern reality from satire on this site. America is losing her common sense.)
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To: ellery

The dogs were strolling thru my high school back in the early '80s. Actually had them come thru my Algebra class while we were taking a test and sniff my crotch. After they left, I refused to finish the test, and our teacher agreed.


26 posted on 01/24/2005 9:37:55 AM PST by cspackler (There are 10 kinds of people in this world, those who understand binary and those who don't.)
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To: sam_paine

Well now, if we compare favorably in freedom to Communist East Germany, then I guess there's no need to worry.

/sarcasm


27 posted on 01/24/2005 9:37:57 AM PST by thoughtomator (Meet the new Abbas, same as the old Abbas)
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To: sam_paine
So because they are tossing you a few scraps, you would argue that we are as free as we were even 20 years ago?

If you're happy and you know it, rattle your chains....

28 posted on 01/24/2005 9:37:58 AM PST by Lazamataz
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To: lodwick

This should be a very long thread, but I fear that it won't.

The debate out in the country is...well its no where to be found.

BigMack


29 posted on 01/24/2005 9:37:58 AM PST by PayNoAttentionManBehindCurtain (aka: Horselifter, Mackdaddy:)
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To: FreePaul
you need to get a grip, there is no violation of any freedom here. Goodness, the man was checked for carrying ILLEGAL drugs. what part of illegal do you not understand. He was not pulled from his car, he was not abused in anyway, his car was not stripped or torn apart. The air from his car was sniffed by a dog and the dog reacted to the ILLEGAL drugs he had. As I state when the Left gets extreme on rulings; the bill of rights and the constitution is not a suicide pact. This is a minor inconvenience to the average drive and a problem for the criminal... and whats wrong with causing criminals problems?
30 posted on 01/24/2005 9:39:26 AM PST by Bigs from the North (Michigan: a state surrounded by water; a sea of red with islands of blue)
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To: Lazamataz
Last time I went to Scotland, I remember an incident between a local cop and lady which surprised me. A cop was walking his beat, chatting with a fellow on the sidewalk. A car pulled up and parked in a loading zone, downtown Edinburgh.

The driver, a lady, got out of the her car. The cop called her and told her to move her car from the loadling zone. Instead of obeying, she just told him that she was doing a quick stop and kept walking toward her intended store. The cop continued chatting with the other fellow like nothing had happened.

If that had been in LA or Miami, the lady might have had her car impounded and arrested. The friendly relationship between cops and citizens is disappearing rapidly in our country.

31 posted on 01/24/2005 9:40:11 AM PST by george wythe
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To: oh8eleven
"Experience hath shewn, that even under the best forms of government those entrusted with power have, in time, and by slow operations, perverted it into tyranny." - T. Jefferson

Yeah. T.J. was prescient, or actually, just observant. Even our beneficant government, whilst once on the side of 'the people', have turned into the oppressors.

Only problem is, there's no New Frontier to go to any more. We're stuck.

32 posted on 01/24/2005 9:40:17 AM PST by Lazamataz
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To: Lazamataz
Another day, another privacy lost.

Your Papers, please...

33 posted on 01/24/2005 9:40:24 AM PST by pageonetoo (I could name them, but you'll spot their posts soon enough.)
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To: Lazamataz

Be careful to insure that the officer does not touch your car during the sniff, according to Boston T. Party's "You and the Police."


34 posted on 01/24/2005 9:40:45 AM PST by mvpel (Michael Pelletier)
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Comment #35 Removed by Moderator

To: Lazamataz
I guess we all know which way the court will be deciding when probes and sensors are devised that can peer into your house.

They've already decided on that (infrared cameras). It's not allowed.

36 posted on 01/24/2005 9:41:29 AM PST by Moonman62 (Republican - The political party for the living.)
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To: george wythe
The driver, a lady, got out of the her car. The cop called her and told her to move her car from the loadling zone. Instead of obeying, she just told him that she was doing a quick stop and kept walking toward her intended store. The cop continued chatting with the other fellow like nothing had happened.

Amazing.

In America, this lady would have had lost some teeth after having been slammed onto the pavement.... if she hadn't been shot or tazered outright.

37 posted on 01/24/2005 9:41:51 AM PST by Lazamataz
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To: sam_paine

You must enjoy all the hoops we half to jump thru these days because our Goverment knows what is best for us.

BigMack


38 posted on 01/24/2005 9:42:41 AM PST by PayNoAttentionManBehindCurtain (aka: Horselifter, Mackdaddy:)
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To: Bigs from the North

There is no way to rule innocent men.
When one need criminals, one simply invents them.

It's called the tyrrany of small laws, and its well along.
A cop can now go into anyone's house and find a reason to arrest them. There are no innocent men anymore.

The sleeping Gulliver is only a string or two from being unable to rise again.


39 posted on 01/24/2005 9:43:22 AM PST by the gillman@blacklagoon.com (RLK was right.)
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To: PayNoAttentionManBehindCurtain

This decision is just wrong. Sad indeed.


40 posted on 01/24/2005 9:44:17 AM PST by Cheetah1
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Comment #41 Removed by Moderator

To: ellery
How long before dogs are used at the drunk-driving roadblocks, where everyone is seized with no probable cause?

Ehhh, probably tomorrow.

42 posted on 01/24/2005 9:44:52 AM PST by gdani
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To: Moonman62
They've already decided on that (infrared cameras). It's not allowed.

Apparently, all they need to do is add some biological sensing unit and it all becomes okay again.

Maybe if they find a way to preserve dogs olfactory nerves in a circuit? Then they can sniff our houses?

43 posted on 01/24/2005 9:44:54 AM PST by Lazamataz
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To: Lazamataz

"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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Maybe the SCOTUS needs a refresher on the Fourth Amendment.


44 posted on 01/24/2005 9:45:04 AM PST by thompsonsjkc
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To: Lazamataz

"...without fail, they remark "You Americans think you are free. Maybe once you were, but now, you live in a police state that rivals that of East Germany.""


- Not even close. Thoughts and ideas are not illegal here.


45 posted on 01/24/2005 9:45:30 AM PST by contemplator
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To: Lazamataz

Your friend doesn't know what he's talking about.


46 posted on 01/24/2005 9:45:33 AM PST by ampat
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To: Lazamataz
If they could do this with dogs couldn't they do this with any remote detection scheme. They could use chemical sniffers, X-ray machines the whole shebang!

The only differences between this and an outright search are arbitrary.

47 posted on 01/24/2005 9:46:12 AM PST by avg_freeper (Gunga galunga. Gunga, gunga galunga)
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Comment #48 Removed by Moderator

To: ampat
Your friend doesn't know what he's talking about.

Well then, you set me straight with that incredible refutation, now, dinchya?

49 posted on 01/24/2005 9:47:11 AM PST by Lazamataz
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To: Bigs from the North

they have gunpowder sniffing dogs. When they start using those more Freepers will be inconvenienced.


50 posted on 01/24/2005 9:47:38 AM PST by Jack Black
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