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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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Another day, another privacy lost.
1 posted on 01/24/2005 9:20:07 AM PST by Lazamataz
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To: All

I guess we all know which way the court will be deciding when probes and sensors are devised that can peer into your house.


2 posted on 01/24/2005 9:21:31 AM PST by Lazamataz
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To: Lazamataz

What a sad day for freedom.


3 posted on 01/24/2005 9:22:59 AM PST by yellowdoghunter (Liberals should be seen and not heard.)
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To: Lazamataz

I hate it when the dog sniffs your crotch.


4 posted on 01/24/2005 9:24:34 AM PST by Wheee The People (Oo ee oo ah ah, ting tang, walla-walla bing bang. Oo ee oo ah ah, ting tang, walla-walla bing bang!)
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To: yellowdoghunter
What a sad day for freedom.

.... what little freedom remains, you mean.

I have friends from other countries, a few have settled here, and 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."

5 posted on 01/24/2005 9:25:08 AM PST by Lazamataz
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To: Lazamataz

Can't say I like this ruling.......


6 posted on 01/24/2005 9:28:04 AM PST by Pondman88
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To: Lazamataz
What happens when the dog sniffs out the drugs that is said to be found on our money?

Will they take the couple hundred bucks I carry and confiscate my car, seize my home?

BigMack
7 posted on 01/24/2005 9:28:32 AM PST by PayNoAttentionManBehindCurtain (aka: Horselifter, Mackdaddy:)
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To: Lazamataz

Pretty Sad, when the only justices on the CONSERVATIVE side, are Ginsburg, and Souter.


8 posted on 01/24/2005 9:28:51 AM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you don't have to" ;)
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To: Lazamataz
Sheeesh....they basically just vacated the right to decline when they "ask" if they can search your car. The cops can say you "acted nervous" (who doesn't, when getting pulled over??) and bring in the dog. Dishonest ones can toss a roach in the car...

-Eric

9 posted on 01/24/2005 9:29:32 AM PST by E Rocc (Leftists look at liberty the way Christians look at sin.)
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To: Lazamataz

This court, along with too many of our otherwise upstanding citizens, will tolerate any police state measure if is invoked in the "War On Drugs."


10 posted on 01/24/2005 9:29:42 AM PST by FreePaul
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To: PayNoAttentionManBehindCurtain

Yes.


11 posted on 01/24/2005 9:30:09 AM PST by the gillman@blacklagoon.com (RLK was right.)
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To: Lazamataz

I hate when I agree with Ginsburg


12 posted on 01/24/2005 9:30:25 AM PST by NEPA
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To: PayNoAttentionManBehindCurtain
What happens when the dog sniffs out the drugs that is said to be found on our money?
Good point. At the very least that gives them "probable cause" for a greater search.

-Eric

13 posted on 01/24/2005 9:30:52 AM PST by E Rocc (Leftists look at liberty the way Christians look at sin.)
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To: Lazamataz
Judges need to get out in the real world a little more.

Surrounded by a Praetorian Guard of police officers who all treat them so nice, no wonder they allow law enforcement more and more leeway - aren't all cops like the nice, respectful, good men that drive them around from place to place in their SUVs?

14 posted on 01/24/2005 9:30:53 AM PST by ikka
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To: PayNoAttentionManBehindCurtain

It has happened...


15 posted on 01/24/2005 9:30:58 AM PST by lodwick (Integrity has no need of rules. Albert Camus)
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To: Lazamataz

Paranoid bump.


16 posted on 01/24/2005 9:31:27 AM PST by verity (The Liberal Media is America's Enemy)
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To: Pondman88
Can't say I like this ruling......

The Ruling Class has decided that there's no such thing as 'Unreasonable' search.

No-suspicion searches, even with a dog, are PRECISELY what the 4th amendment was written to prevent.

American liberty has long been very sick, but I was surprised to see yet another near-death-spasm. It's really all over but the outright revocation of the BoR; the confiscation of the guns; the outright suppression of free speech...

17 posted on 01/24/2005 9:31:43 AM PST by Lazamataz
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To: 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.


18 posted on 01/24/2005 9:32:45 AM PST by ellery (Concentrated power has always been the enemy of liberty. - Ronald Reagan)
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To: Lazamataz
...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.
"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
19 posted on 01/24/2005 9:33:47 AM PST by oh8eleven
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To: Lazamataz

You are free to submit... Is this what Bush means by ''freedom''?... hardly worth fighting for.


20 posted on 01/24/2005 9:33:57 AM PST by Lexington Green (Follow the money - Saddam to Rich to Clinton)
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