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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: E Rocc
The key is keeping the pressure on the GOP to respect privacy rights. The Libertarians are too weak, and the Democrats are useless.

Except that if the pressure's to be effective, then it would almost have to involve the Libertarians or other third party. You could try going the primary route, but if that doesn't work, then third parties are the only way to make the GOP face any meaningful consequences for their actions.

521 posted on 01/24/2005 7:07:15 PM PST by inquest (FTAA delenda est)
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To: NJ_gent

What if the dog is simply trained to sniff for "car"?


522 posted on 01/24/2005 7:15:59 PM PST by Teacher317
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To: Lazamataz
Another day, another privacy lost.

Exactly. Again... thanks to this Supreme Court

523 posted on 01/24/2005 7:21:17 PM PST by alessandrofiaschi
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To: alessandrofiaschi
NOTE TO SELF:

Sprinkle Cyan pepper around the floor of the car in the morning.

Refresh the Cyan pepper every month.

Why would I do such a thing?

Because I have the Constitutional right to protect my personal property, and a dog does not have a right to smell.

524 posted on 01/24/2005 7:27:39 PM PST by Hunble
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To: DBrow
I don't see how money comes to smell like drugs

it's because drugs are illegal. Therefor all trasactions must be paid in cash. No dealer takes Visa. Since Billions of dollars are traded in drug transactions, nearly 100% of paper cash has been in close proximiy of drugs at some time and the scent the dogs pick up ono rubs off.

525 posted on 01/24/2005 7:29:49 PM PST by bird4four4
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To: Hunble
Because I have the Constitutional right to protect my personal property, and a dog does not have a right to smell.

Unfortunately, that would be seen as probable cause to have your vehicle searched. After all, only criminals would want to prevent their car from being sniff tested. /sarcasm

526 posted on 01/24/2005 7:34:33 PM PST by JeffAtlanta
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To: Hunble

And someone ask me why I'm a conservative!


527 posted on 01/24/2005 7:39:06 PM PST by alessandrofiaschi
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To: sam_paine

I have been to the old east Germany. May the chains of oppression that you desire rest lightly upon you and your proginey. They will never rest upon me and mine, with the exception of a post-necrotic state. Whence it matters not


528 posted on 01/24/2005 7:39:33 PM PST by ARealMothersSonForever (We shall never forget the atrocity of 11 Sept.)
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To: paudio

No, they do not ask who the guest was. They break the door down, enter with military tactics, and shoot anyone that resists. They scream "Police" yet wear black clothes, hoods, and carry no warrant. Never fear, they have neat letters on their back that say "ATF" "FBI" "Marshall" or in some really fun filled events "security". Many people set others up in order to lighten their own burden. May you never have occasion to be enlightened by personal experience.


529 posted on 01/24/2005 7:51:02 PM PST by ARealMothersSonForever (We shall never forget the atrocity of 11 Sept.)
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To: george wythe

Downtown Edingurgh is not Miami or LA....what a ridiculous comparison. Our cops have to deal with gangs...racial and cultural...ghettos.....etc.

I support our police officers. I want them to be paid and trained better. I believe in holding them accountable, very accountable. But maybe the Scottish officers can be nicer because they don't have a national "War on Drugs" to waste their time with.


530 posted on 01/24/2005 7:53:43 PM PST by Recovering Ex-hippie (Everything I need to know about Islam, I learned on 9-11!)
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Comment #531 Removed by Moderator

To: deportmichaelmoore
WELCOME TO FREE REPUBLIC!
532 posted on 01/24/2005 7:55:10 PM PST by alessandrofiaschi
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To: ARealMothersSonForever
Three years ago, the city that I live in demanded an inspections inside of my home to verify that I did not have a sump pump.

No problem, all they have to do was to provide me with a legal search warrant.

Since I refused to compromise on my Constitutional rights, the city fined me $100 per month.

No problem, I responded in the best way possible: I ran for City Council in the next election!

It was amazing how rapidly the city refunded my money.

I lost the election, but that was not my intention. Every single person who had voted for that vile city ordnance, was removed from office.

Since I was running for office, the city could not prevent me from speaking in public to my fellow citizens.

I achieved my goal.

533 posted on 01/24/2005 7:56:14 PM PST by Hunble
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To: deportmichaelmoore
This trooper was guilty of profiling, which doesn't necessarily offend me, if it is done with a little common sense.

What sort of profile did you fit? Wisconsin isn't exactly known as a drug trafficker's haven.

534 posted on 01/24/2005 7:58:11 PM PST by JeffAtlanta
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To: deportmichaelmoore
Interesting story, and I completely believe you.

Today, this is way too common.

535 posted on 01/24/2005 8:01:17 PM PST by Hunble
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To: Hunble

You rock. All politics are local. I have a little story about a racoon, an elected animal control officer, a city provided humane trap, and ethelyne glycol. Long story short, the racoon died, and the dog-catcher got replaced.


536 posted on 01/24/2005 8:01:39 PM PST by ARealMothersSonForever (We shall never forget the atrocity of 11 Sept.)
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To: xzins
If a cop stops you for a traffic ticket, you open your window, and a whiff of alcohol hits him in the face, should he assume drinking-and-driving and act accordingly to protect others on the road?

Never open the window unless ordered, but simply hold up your license, insurance and registration for the officer to see.

537 posted on 01/24/2005 8:04:42 PM PST by Hunble
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To: Hunble
Never open the window unless ordered, but simply hold up your license, insurance and registration for the officer to see.

Seems like just barely cracking your window to slide out the license would raise a huge amount of suspicion to the officer. He would then ask you to exit the vehicle and try to probe around.

Seems like a better way is just to not talk that much and have all of your documentation handy before he walks up so he doesn't have to stick around your window too long. Also, when the officer asks you "do you know why I pulled you over", always say "I don't know" - he is just collecting evidence.

538 posted on 01/24/2005 8:10:44 PM PST by JeffAtlanta
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To: ARealMothersSonForever
Ah yes, the old anti-freeze trick.

If the situation required that action, then you did the correct thing to protect your rights.

I remember a time while living in New Mexico, when city employees would look though windows to insure you did not have more than one dog and cat.

"Sorry lady, I did not realize that you were looking though my window screen at that moment..."

539 posted on 01/24/2005 8:12:32 PM PST by Hunble
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A lot of this thread seems to involve slaves arguing about the color of their chains.

Why am I not surprised...

540 posted on 01/24/2005 8:14:45 PM PST by agitator (...And that no man might buy or sell, save he that had the mark)
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