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High court limits drug-sniffing dog searches during traffic stops
The Los Angeles Times ^ | April 21, 2015 | David G. Savage

Posted on 04/21/2015 10:46:54 AM PDT by Lurking Libertarian

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To: T-Bone Texan

I know they will touch a car to see if it still running.

bacon grease?... hmmmmm.


41 posted on 04/21/2015 12:08:22 PM PDT by envisio (I ain't here long... I'm out of napalm and .22 bullets.)
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To: barefoot_hiker; Lurking Libertarian
This is good, but all a cop has to do is say “I’m detecting an odor of marijuana” and they can tear your car apart. No dog needed.

Perhaps, but let's see what happens on further consideration by the 8th Cir.

"The determination adopted by the District Court that detention for the dog sniff was not independently supported by individualized suspicion was not reviewed by the Eighth Circuit. That question therefore remains open for consideration on remand. P. 9. 741 F. 3d 905, vacated and remanded."

42 posted on 04/21/2015 12:10:28 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Let’s not forget that federal drug laws, while doing much more harm than good, are also unconstitutional except in legitimate interstate commerce issues between the states.

State drug laws also do more harm than good as they allow way too much government intrusion into personal lives.

This is a surprising step in the right direction because as I remember it wasn’t too long ago that the Court OK’d dog sniffs for a traffic stop if it didn’t take too long.


43 posted on 04/21/2015 12:14:00 PM PDT by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: PapaNew

It also wasn’t long ago that they ruled those dogs cannot be used on the front porch of a residence “just because.”

Scalia is a 4th Amendment champion. So I am not surprised that he joined this opinion.


44 posted on 04/21/2015 12:20:27 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

I don’t know the facts of the case but there seems to be some disagreement in the Court as to whether after the valid traffic stop, the police had reasonable suspicion of drugs. Sounds like the dissent said, they had reasonable suspicion (”suspicion couple with additional objective fact”). It’s pretty settled law that after a valid stop, the police can act further if during the normal process of the stop reasonable suspicion or probable cause arises.


45 posted on 04/21/2015 12:30:34 PM PDT by PapaNew (The grace of God & freedom always win the debate in the forum of ideas over unjust law & government)
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To: Lurking Libertarian

I no longer respect Roberts after his willful re-writing of that collection of rules and regulations known as 0bamacare.

Which I refer to as 0bamaRobertscare.


46 posted on 04/21/2015 12:37:17 PM PDT by citizen (WalkeRubio RIGHT For You 2016)
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To: Lurking Libertarian

This is very interesting. I wonder, if the suspected crime were more serious, would the court find differently.

More concretely, I wonder, if when the court gets a case where a police officer suspected that a car might contain bomb making material, will the court find differently?

I know I agree with the case decided today. Then I view the potential harm as negligible. In my hypothetical, the harm is potentially much greater. But then again the behavior of police now, and maybe that is just human nature, makes me unsure how I would want the court to decide.


47 posted on 04/21/2015 12:42:13 PM PDT by JLS
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To: Lurking Libertarian

think that this is the first time I’ve disagreed with Justice Thomas.


48 posted on 04/21/2015 2:37:33 PM PDT by fini
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To: Lurking Libertarian

Wow, I can’t believe the SC sided against the cops and a further erosion of 4th amendment protections. I’m speechless.


49 posted on 04/21/2015 2:54:17 PM PDT by rednesss (fascism is the union,marriage,merger or fusion of corporate economic power with governmental power)
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To: fini
think that this is the first time I’ve disagreed with Justice Thomas.

Try reading some of his other search-and-seizure cases.

50 posted on 04/21/2015 3:06:05 PM PDT by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: DariusBane

Awesome response!!

It’s a cross between a poodle and a maltese. It was supposed to be teacup sized but it’s over 20 lbs. And that is a GOOD thing since we moved to rural KY with all the hawks around here.

Fluffy white.


51 posted on 04/21/2015 5:44:54 PM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: cuban leaf

Until municipalities pay a price for infringing on basic rights, these kinds of impositions and police state actions will continue.


52 posted on 04/22/2015 10:35:14 AM PDT by 1010RD (First, Do No Harm)
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To: 1010RD

Until municipalities pay a price for infringing on basic rights, these kinds of impositions and police state actions will continue.


Citizens with cell phone cameras seem to be having an impact. Did you see the one yesterdy where one person with a camera video recorded another one and caught the cop CHASING her and grabbing, then destroying her phone?

This sort of thing will have consequences. Even if only at the individual officer level it will change the playing field.


53 posted on 04/22/2015 11:53:06 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: cuban leaf

Not if these government employees retain their employment or are rehired elsewhere. They need to be toxic and it needs to go up the chain of command. Department heads and chiefs simply reflect the attitude of the elected officials.


54 posted on 04/22/2015 11:57:45 AM PDT by 1010RD (First, Do No Harm)
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To: T-Bone Texan

reminds me of the USSC overturning the police using infrared cameras to look INSIDE homes on whim.


55 posted on 04/22/2015 12:02:50 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: 1010RD

I actually hear what you are saying. My point is that if they don’t change their policy there will be exponentially more videos of them “acting badly” to the point that there will either be a political solution or private citizens will be psychologically empowered to treat these cops the way they would treat a civilian doing the same thing.

Imagine the lady that had the phone ripped from her hand pulling a gun as the cop grabbed it and shooting him in the face.

The video would vindicate her.

We are living in interesting times, but they are nowhere near as interesting as I am sure they are about to be.


56 posted on 04/22/2015 12:07:39 PM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: cuban leaf

there is a reason the Obama administration / democrats are disarming veterans by abrogating their second amendment rights.


57 posted on 04/22/2015 12:17:30 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Wolfie

Assigned seating?


58 posted on 04/25/2015 1:16:29 AM PDT by GOPJ (Dead Broke Hillary Dodged Sniper Fire With Her Immigrant Parents In Tuzla - Steyn)
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