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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: Individual Rights in NJ

I'd say a fair rate would be $15 for every two minutes!


841 posted on 01/27/2005 8:48:53 AM PST by jjmcgo
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To: sam_paine

Well I'm glad you are a happy little drone. Ask your hardworking doctor friends how they like HMOs. Moreover, ask them what HMO policy and various laws require them to report. Confidentiality? Ha! Big Brother knows all about your health.

Would you send your kids to risk their lives for a state that loves to spy on you and stands ready to take everything you ever earned? I will not. And I will not keep my earnings inside these borders. We have a shadow of freedom. It is not worth stubbing my toe, much less risking my life over.


842 posted on 01/27/2005 9:12:47 AM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: Lazamataz

..expect to see dogs used at sobriety check points. Better do a roach check of your ash trays and seats..and don't forget all those seeds and stems rolling around the carpet..oh ya..and that crack pipe you thought was so well hidden??...


843 posted on 01/27/2005 9:22:15 AM PST by IGBT (it's a jones for gawd sakes..)
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To: eno_
It is not worth stubbing my toe, much less risking my life over.

Exactly the attitude that encourages the Police State. I'm fighting. You're whining.

844 posted on 01/27/2005 9:33:10 AM PST by sam_paine (X .................................)
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To: TigersEye
That's right. The court decision, not the case. It's very simple but you seem unable to comprehend that.

Remember algebra? If a=b=c then a=c. If your hypo is based on the decision, and the decision is based on the case, than your hypo is based on the case. I see logic isn't your strong suit.

845 posted on 01/27/2005 9:47:30 AM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: ClintonBeGone
Remember algebra? If a=b=c then a=c. If your hypo is based on the decision, and the decision is based on the case, than your hypo is based on the case. I see logic isn't your strong suit.

That's not algebra, and "based on" is not the same as "=". Logic is definitely not your strong suit.

846 posted on 01/27/2005 10:00:15 AM PST by inquest (FTAA delenda est)
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To: Congressman Billybob
The dog is not "searching" anything. He/she is simply smelling what is available in public. So, this is not an extra-ordinary decision or result.

But in Kyllo, the police were simply reading photons that were available in public, and the court ruled that they had violated the 4th. So there has to be more to the case than that.

847 posted on 01/27/2005 10:07:06 AM PST by inquest (FTAA delenda est)
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To: m1-lightning
"Drugs are illegal. Guns are not."

They are still working on that one!

848 posted on 01/27/2005 10:31:20 AM PST by RasterMaster (Saddam's family were WMD's - He's behind bars & his sons are DEAD!)
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To: inquest

Put down the bong and go get something to eat.


849 posted on 01/27/2005 10:34:34 AM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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To: inquest
Yes, I am aware of Kyllo, the heat-lamp, drug case. There, however, the information "available" in public was not available to ordinary senses. i.e. olfactory, visual. etc. Actually, I thought that case was wrongly decided. Billybob
850 posted on 01/27/2005 10:41:27 AM PST by Congressman Billybob (Merry Christmas and a Happy New Year.)
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To: ClintonBeGone
Well, that was a pretty pathetic rejoinder. Even by your standards.
851 posted on 01/27/2005 10:42:35 AM PST by inquest (FTAA delenda est)
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To: sam_paine
Exactly the attitude that encourages the Police State. I'm fighting. You're whining.

You take a common, but not very useful view of the Police State: As long as they are violating the rights of (pick as many as you want): homosexuals, pot smokers, people with other skin colors, people richer than me, people poorer than me, people who live in the city/country/suburubs (i.e. where I don't), you are just fine with the Police State.

The fact is, all it takes is a small - say $200 - bribe to a confidential informant, and it's YOUR door they are breaking down. You WANT to live in a country that does that over something as innocuous as what that person chooses to put in their own body?

When the Army runs short of recruits because enough people figure out we live in an unfree nation, THEN someone might listen.

852 posted on 01/27/2005 11:08:46 AM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: eno_
You do...[such n so.]
When ... enough people figure out we live in an unfree nation, THEN someone might listen [to me].

What a banal and childish "me, me, me" attitude.

If you would read my comments on the thread, I conceded that random dog searches are another step toward the left. But:

1) A US Citizen can be more free than any other person on the planet.

2) Only those US Citizens that exercise their freedoms actually have them.

Just sitting around and bitching about it ain't a free person make.

If you can manage the attention span required, read Natan Sharansky's "Fear no evil" and you may learn that freedom cannot be taken away from a person that does not voluntarily relinquish it through apathy (and whining).

853 posted on 01/27/2005 11:47:04 AM PST by sam_paine (X .................................)
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To: sam_paine
1) A US Citizen can be more free than any other person on the planet.

2) Only those US Citizens that exercise their freedoms actually have them

You waaaay overrate the U.S. on freedom. We are an also-ran in economic freedom, privacy, and taxation. You are complacent.

854 posted on 01/27/2005 11:50:18 AM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: cleo1939
I am pleased that I am coming to the end of this life, I don't think I would care to live during the next 40 or 50 years not to mention beyond.

And another thing...have you ever said that to your own children and grandchildren?

I've heard that pathetic attitude elsewhere, and something always occurs to me:

I'm young, and yes, I am dealt the nation you and your generation is leaving behind.

Reminds me of a litterbug that throws their garbage out on someone else's property and moves on.

Thanks for the present. This generation will have to overcome your mess as well as the problems of our time.

855 posted on 01/27/2005 11:55:23 AM PST by sam_paine (X .................................)
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To: eno_
Name the country where a person can be more free than the United States.

Then tell me why you don't live there.

856 posted on 01/27/2005 11:57:13 AM PST by sam_paine (X .................................)
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To: sam_paine

Most of Eastern Europe has low taxes and relatively small government. No matter what the law says, they sure don't have the resources to implement a police state. Singapore has a very open economic and social environment, and, except for cars, low taxes. Those are the places I have direct experience with. I own a house and some additional land in an Eastern European country, and may relocate there if my business uses engineering talent from that country. I alsready have dual citizenship. There are many places in the former Soviet empire that take freedom very seriously because everyone there remembers when they did not have it.

Governments are a market in freedom. Those that don't deliver deserve to lose their most productive people. The U.S. will be like Argentina in 20 years - an unimportant place filled with prideful chauvanists who cannot see how far behind they have fallen.


857 posted on 01/27/2005 12:41:38 PM PST by eno_ (Freedom Lite, it's almost worth defending.)
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To: Randi Papadoo
I hope you can agree, for discussion's sake, at least, that enforcement of drug laws is important, given the damage that is done to the country (don't argue with this, pls. It's already carved in stone. 8-) )

This is not carved in stone and the opposite is probably true - the enforcement of drugs laws probably does more harm to this country than it helps. he forfeiture side of drug enforcement is important. It enables LE agencies to acquire new and often expensive tools to fight the drug war

In other words, it enables LE to buy more toys so they can pretend that they're Rambo.

858 posted on 01/27/2005 12:53:07 PM PST by JeffAtlanta
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To: Individual Rights in NJ

I don't know about NJ, I've never practiced law in the Garden State. But I can tell you, as a prosecutor, if someone brought me one seed, and the guy had bought the car used in the last twelve months, I wouldn't waste the tax payer's money because there's no way Blue State, that you are going to convince twelve people that the individual "knowingly" possessed, unless the cop also can testify the perp reeked of MJ smoke etc.

As a side note, if you buy a used car, many police stations will run their drug dog through it as a courtesy.


859 posted on 01/27/2005 1:06:30 PM PST by NavVet (“Benedict Arnold was wounded in battle fighting for America, but no one remembers him for that.”)
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To: inquest
Well, that was a pretty pathetic rejoinder. Even by your standards.

Very few times do the readers here see the term standards in the same post as your screen name.

860 posted on 01/27/2005 1:16:06 PM PST by ClintonBeGone (In politics, sometimes it's OK for even a Wolverine to root for a Buckeye win.)
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