Skip to comments.High Court Rules Dog Sniff During Traffic Stop OK Without Suspicion Of Drugs
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 ...
honestly I don't usually mind this, as long as there are no police or dogs involved
I recall that the 9/11 hijackers weren't very nervous. I know how much you hate drugs but try to get a little perspective.
The USSC has already ruled on that. Can't do it without a valid search warrant.
Hehhe... good luck with that...
Actually, using this case as support, they could now go back and get a different ruling.
Bet on it.
Unless you're carrying a couple of kilos what difference does it make if a dog sniffs your car ? Loss of freedom is what the homos are doing to us by creating special laws against free speech. Bomb and drug sniffing dogs are good for society.
I'm not a fan of WOD, but the main two freedoms in this country are the freedom to complain about government and the freedom to engage in commerce. I am more concerned about the erosion of free commerce than I am the erosion of freedon to ingest drugs.
We have been through prohibition and survived. We can survive this.
Most of the women cops where I live are lesbians. It's not an exaggeration. A guy I worked with wife was trying to get on the force. She was told by a superior that if she wasn't a lesbian, she better act like one. I know that gets away from the original thread, but it's true.
Bet on this:
At the next "seat belt" or "sobriety" checkpoint, there stands Johnny Fascist with his barking dog, ready to be sure you are a "good" subject.
Me too...I'm surprised that Justice Thomas would be in the majority here.
Your friends are right! We keep saying we are free but saying it and being free are 2 different things. There are things going on that we used to laugh at the communists for doing. The 4th amendment no longer exists except on paper. Some JBT will always find a way around the former right to privacy.
The point is that drugs probably shouldn't be illegal in the current capacity in the first place. The only thing the current WOD has led to is an increase in the price of drugs, the resulting increases in crime, general lawlessness, and losses of the 2nd, 4th, 9th, and 10th Amendments to the United States Constitution.
Meanwhile, our streets, schools, military and even maximum security prisons are filled with drugs. Crooked cops and politicians are lining their pockets and the pockets of their friends and we're being screwed out of our freedoms at every turn.
A free man does not need to give a reason for wanting to maintain his privacy. I personally have nothing to hide, but I still don't want the cops going through my car on a hunch.
Loss of freedom is what the homos are doing to us by creating special laws against free speech.
The decision was made because of the WOD... when are we going to learn that the WOD is hurting is far more than it was ever first thought.
When are we going to claim our freedom back and let the junkies take their own lives?