High Court Rules Dog Sniff During Traffic Stop OK Without Suspicion Of Drugs

Associated Press ^ | 1/24/2005

[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.

[sam_paine]

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.

[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.

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 Got some outdated prescriptions in the cabinet?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 InYerFace^TM interior-dwelling drug probe. YOU ****ING DRUG FELON, UP AGAINST THE M*****F*****G WALL, PUNK, BEFORE I HAVE TO SHOO...(BANG)

[thoughtomator]

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

[Sloth]

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

[Finalapproach29er]

Unbelievable. These people are no Conservatives.

[cspackler]

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.

[thoughtomator]

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

/sarcasm

[Lazamataz]

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....

[PayNoAttentionManBehindCurtain]

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

[Bigs from the North]

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?

[george wythe]

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.

[Lazamataz]

"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.

[pageonetoo]

Another day, another privacy lost.

Your Papers, please...

[mvpel]

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."

[Moonman62]

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.

[Lazamataz]

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.

[PayNoAttentionManBehindCurtain]

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

BigMack

[the gillman@blacklagoon.com]

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.

[Cheetah1]

This decision is just wrong. Sad indeed.