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 ...
Ehhh, probably tomorrow.
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?
"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.
"...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.
Your friend doesn't know what he's talking about.
The only differences between this and an outright search are arbitrary.
Well then, you set me straight with that incredible refutation, now, dinchya?
they have gunpowder sniffing dogs. When they start using those more Freepers will be inconvenienced.
I'm freer than I was 20 years ago (I was in gradeschool.) I'm freer than my dad was (workaday engineer.) And freer than my granddad (farmer to death.) And freer than my family in the great depression, etc.
Chains. Read "Fear No Evil." That's chains.
Wrong.
I think any American over the age of 60 can attest to lost freedom. My heavens, the things we used to do and think nothing of it. Now you need a "license" of some kind for almost everything.
I don't "half" to do nuthin!
Well, you can keep believing that.
I've got too much evidence to the contrary.
Oh, go to a fruit loops rally and pray loudly.
You might find yourself on the wrong side of the fence in a hurry.
Hate crimes are thought crimes.
It's even worse when it bites.
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