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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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To: Modernman

Vibes

What and officer learns to rely on while on the street dealing with situations most citizens don't want to deal with. Cues that the officer picks up from those they deal with (mostly for their own safety). My picking up of "vibes" is probably why I am here today to post. The reality is that most honest people act in a certain way on the street and most dishonest people (people up to something) act in a certain way. Its not an exact science, but believe me, over and over I have seen the difference. Its not something that I can explain in a few words but it is real.


241 posted on 01/24/2005 11:09:58 AM PST by blueknight
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To: robertpaulsen

"I recall that the 9/11 hijackers weren't very nervous."

Roy Caballes, with with 282 pounds of marijuana in the trunk, certainly was.



At least according to police testimony with an obvious self-serving motivation.

I get nervous every time I am pulled over for a traffic violation. Isn't that sorta normal?


242 posted on 01/24/2005 11:10:01 AM PST by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
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To: m1-lightning
Drugs are illegal in any manner that you carry them in.

That has already been disproved on this thread. In some states possessing more than two packages of cold medicine is a crime. Legal, over-the-counter, cold medicine.

Obey the law or lobby to have the law changed.

There is no law to change here. This was a ruling on the interpretation of the 4th Amendment of the Constitution by the Court. No law was made, no law to repeal.

243 posted on 01/24/2005 11:11:42 AM PST by TigersEye (Intellectuals only exist if you think they do.)
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To: blueknight

Most cops are good guys. A few are bad. The same is true of alcohol and drug users. Only the bad get attention. It is bad law that is responsible for our problems, not bad cops or bad addicts.


244 posted on 01/24/2005 11:12:10 AM PST by mugs99 (Restore the Constitution)
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To: TigersEye
There is no law to change here.

The law to change would be the one everyone here is afraid that dogs would send them to jail for, be it drugs or guns.

245 posted on 01/24/2005 11:14:33 AM PST by m1-lightning (God, Guns, and Country!)
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To: mugs99
The police state mentality of our government has destroyed the very fabric of our culture. Prohibition, alcohol or drugs, is the tool of tyrants.

Excellent point. Politicians passing these unenforceable laws should get the blame of undermining our Republic and its delicate balance of power.

246 posted on 01/24/2005 11:14:39 AM PST by george wythe
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To: Lazamataz

If you're not stashing the crack, what's the big deal in allowing someone's dog sniff one's pocket?


247 posted on 01/24/2005 11:14:50 AM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: Dead Corpse
"Nothing much I guess.... It sure as hell didn't seem to do any good."

Don't feel bad - it's not your fault. Things started getting screwy from the beginning (Alien and Sedition act?) and they've been slowly getting worse as time has gone on. We tend to go in cycles of less and more freedom. The best hope I can offer is when you look back at the late 1960s and early 1970s, then look at the massive changes that went into place with things like the 1974 Privacy Act to restore the freedoms lost. I wonder who will write our next Privacy Act in 2009 or 2010.

Ultimately, I think we need to start looking at some hard-hitting television ads to educate people about problems with American liberty. If we could condense this case into a 30-second slot that jolted the average Joe enough to get him on the phone with Congress, I think we'd start seeing real change.
248 posted on 01/24/2005 11:14:56 AM PST by NJ_gent (Crouch down and lick the hand that feeds you; and may posterity forget that ye were our countrymen.)
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To: BohDaThone
The fundamental point is that the sniff is simply not a search [you have let the drug particles out into the general PUBLIC air].


If they can sniff from the roadside, you might have a point (imagining Cheech and Chong's smoke-emitting Impala).

But this guy was forced by government power to stop (for a minimal traffic violation that was a mere pretext). Big difference. I'd feel better if they used drug dogs in shopping mall parking lots or gas stations where people stop to fill up. But of course, they can't have the fun pf pretending that the dog actually alerted, because they don't know who is of the right race.
249 posted on 01/24/2005 11:15:17 AM PST by Atlas Sneezed (Your Friendly Freeper Patent Attorney)
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To: Mathemagician
If you're weaving down the road in your car, that's probable cause.

The rest of your post is pure b.s. My two boys are cops, and when they've pulled someone over for DUI, that person has blown positive (or refused to blow) EVERY SINGLE TIME!!

That's what I want to continue, along with a mandatory five year jail sentence for a first time DUI.

250 posted on 01/24/2005 11:15:30 AM PST by sinkspur
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To: Lazamataz

Monday update: Weyco fires 4 employees for refusing smoking test
Others gave up cigarettes before ban began Jan. 1


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OKEMOS - Four employees of Okemos-based health benefits administrator Weyco Inc. have been fired for refusing to take a test that would determine whether they smoke cigarettes.

The company instituted a policy on Jan. 1 that makes it a firing offense to smoke - even if done after business hours or at home.

Weyco founder Howard Weyers said previously that he instituted the tough anti-smoking rule to shield his company from high health care costs.

"I don't want to pay for the results of smoking," he said.

The anti-smoking rule led one employee to quit work before the policy went into place.

Since Jan. 1, four more people were shown the door when they balked at the anti-smoking test.

"They were terminated at that point," said Chief Financial Officer Gary Climes.

Even so, Weyco said, the policy has been successful.

Climes estimated that about 18 to 20 of the company's 200 employers were smokers when the policy was announced in 2003.

Of those, as many as 14 quit smoking before the policy went into place.

Weyco offered them smoking cessation help, Climes said.

"That is absolutely a victory," Climes said.


251 posted on 01/24/2005 11:15:49 AM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: JeffAtlanta
From the opinion of the court.

Although respondant argues that error rates, particularly the existence of false positives, call into question the premise that drug detection dogs alert only to contraband, the record contains no evidence or findings that support his argument.

If false positives are a real problem, Caballes needs a new lawyer.

Besides... Cops can't be required to present undeniable proof before being allowed search a car. So even if a dog sometimes alerts officers to something other than contraband, as long as it's reasonable to assume contraband is probably present... the search should be legal.

252 posted on 01/24/2005 11:16:01 AM PST by bigLusr (Quiquid latine dictum sit altum viditur)
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To: Beelzebubba
"Isn't that sorta normal?"

Sure. And I'm sure the Illinois State Police see it all the time.

It's obvious his nervousness was noteworthy.

Or, the Illinois State troopers were lying. Is that what you're alluding to?

253 posted on 01/24/2005 11:16:10 AM PST by robertpaulsen
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To: John Lenin
I remember the conversation like it was yesterday. I was in my teens when the first seat belt laws hit the books. My mother was up-in-arms and I didn't understand why. She explained it to me.

"The government is passing laws giving themselves the power to protect us from ourselves; not from each other; not from outside threats but from ourselves". Its been all down hill ever since. The issue with drugs is not the harm they due. The issue is our individual freedom to choose our own risks. The government has decided we're not allowed to do that.

People slowly kill themselves with Big Macs. People kill themselves with cigarettes. People climb vertical rock walls on mountains. People race cars. People fail to get enough exercise. People do countless things that are dangerous or detrimental to their own well being because they are free to do so - but in the case of drugs there is no civil liberty too minor to squash, no right too inalienable to ignore in the public interest of protecting you from yourself. These are all pretexts used to expand the power of the government against the citizens. Many drugs laws are TOTALLY politically motivated.
254 posted on 01/24/2005 11:17:25 AM PST by cdrw (Freedom and responsibility are inseparable)
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To: Lazamataz; SheLion

Monday update: Weyco fires 4 employees for refusing smoking test Others gave up cigarettes before ban began Jan. 1

OKEMOS - Four employees of Okemos-based health benefits administrator Weyco Inc. have been fired for refusing to take a test that would determine whether they smoke cigarettes.

The company instituted a policy on Jan. 1 that makes it a firing offense to smoke - even if done after business hours or at home.

Weyco founder Howard Weyers said previously that he instituted the tough anti-smoking rule to shield his company from high health care costs.

"I don't want to pay for the results of smoking," he said.

The anti-smoking rule led one employee to quit work before the policy went into place.

Since Jan. 1, four more people were shown the door when they balked at the anti-smoking test.

"They were terminated at that point," said Chief Financial Officer Gary Climes.

Even so, Weyco said, the policy has been successful.

Climes estimated that about 18 to 20 of the company's 200 employers were smokers when the policy was announced in 2003.

Of those, as many as 14 quit smoking before the policy went into place.

Weyco offered them smoking cessation help, Climes said.

"That is absolutely a victory," Climes said.

http://www.lsj.com/apps/pbcs.dll/article?AID=/20050124/NEWS01/501240323/1001/news


255 posted on 01/24/2005 11:17:32 AM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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Comment #256 Removed by Moderator

To: m1-lightning
The law to change would be the one everyone here is afraid that dogs would send them to jail for, be it drugs or guns.

Inappropriate interpretation of the Constitution has nothing to do with good or bad law. It is a wrong unto itself.

257 posted on 01/24/2005 11:18:36 AM PST by TigersEye (Intellectuals only exist if you think they do.)
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To: Al Gator

DWV can be added to the classic, DWB, SWC, and DWooS.


258 posted on 01/24/2005 11:19:13 AM PST by Doctor Stochastic (Vegetabilisch = chaotisch is der Charakter der Modernen. - Friedrich Schlegel)
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To: cdrw
This thread is overboard. We are talking a dog here, it's not like the dog says to himself, I don't like this guy, I think I will start barking so my buddy can search his car. LOL
259 posted on 01/24/2005 11:20:47 AM PST by John Lenin (You have to be a lunatic yourself to appeal to the RAT base)
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To: JeffAtlanta

I've never smelled marijuana on someone that didn't look stoned.


260 posted on 01/24/2005 11:21:08 AM PST by westmichman (Pray for global warming. (Thank G-D for the red states))
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