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 ...
Oh goodness, me. I actually do things to preserve and exercise my freedom. What are YOU doing besides posting on FR? What was the last FOIA request you filed? Do you have YOUR FBI file?
I decry the Laz's and NJ_gents of the world that fiddle while Rome burns. That is the real ostrich.
The inexorable power grab of the government already HAS affected me -- and I defended myself. And I won. That doesn't happen in a police state.
Inactive whiners, though, are a dime-a-dozen, police-state or free utopia.
This just "shows to go ya" that if you have drugs in your car, don't give the cops any excuse to pull you over! Don't speed, make sure you drive perfectly, & avoid accidents. Just transport your drugs back to the house (or their intended location) & get 'em outta the car.
Is it illegal to have a gun in your car in NYC? This case was in Illinois. I live in Illinois. I can have a gun in my car in Illinois. Therefore it's apples and oranges.
What happened to the concept of a "search warrant"? This Supreme Court has been awful on issues of privacy.
Borders are a completely different thing. They have the right to search anyone or everyone for any reason when crossing a border. You have no expectations or rights crossing international lines. However, a citizen within these borders, used to have the expectation of certain rights, such as not being searched.
Hey Laz. You got 10 minutes to post an apology.
I never defended a crooked cop. I certainly didn't defend one who was ever charged, much less convivcted, of planting drugs.
Whether a person is acting nervous really has nothing to do with this.
A dog sniff for drugs isn't even considered a search.
Official conduct that does not compromise any legitimate interest in privacy is not a search subject to the Fourth Amendment. We have held that any interest in possessing contraband cannot be deemed legitimate, and thus, governmental conduct that only reveals the possession of contraband compromises no legitimate privacy interest. This is because the expectation that certain facts will not come to the attention of the authorities is not the same as an interest in privacy that society is prepared to consider reasonable.Essentially, if in the normal course of a legitimate traffic stop there happens to be drug-sniffing dog on the scene, the dog can sniff around the vehicle regardless of whether the driver seems suspicious. If it ain't considered a search, no reasonable suspicion is necessary unless the cop tries to keep you detained after he's finished checking your tag and your license and writing your ticket and whatnot.
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There is no invasion of privacy from a dog sniffing a car. My only complaint is the time lost if they do it...especially if I'm on my way to work.
I'd like to say that this is unbelievable and shocking, but, unfortunately, it's pretty much par for the course these days.
This could also be applied to magnetic scanning at airports, county buildings, Mt Rushmore (yes they do it there) etc. The magnetic fields pass through your body.
Yes it is. Anyway, get pulled over in any state and see what happens when you tell the officer you have a loaded gun in the car. Some will be cool about it - most will have you immediately exit the vehicle and seize the weapon for "their safety"
Roy Caballes, with with 282 pounds of marijuana in the trunk, certainly was.
Perspective please. We are at war and already have to give up freedoms for that.
You can shove and cuss at Russian cops for a half hour and not get arrested/assaulted.
"6 seconds to safety".
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