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To: Seek
This ruling allows dog-drug searches on the basis of someone acting "nervous."

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.
[quote marks and citations omitted]
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.
150 posted on 01/24/2005 10:36:06 AM PST by Sandy
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To: Sandy
The fundamental point is that the sniff is simply not a search [you have let the drug particles out into the general PUBLIC air]. Lots of earlier cases have said that a dog sniff from the PUBLIC areas of a self-storage facility (can't go INTO the unit); from the aisle of a pullman car (Can't go INTO the compartment); or from OUTSIDE a parked car are simply not searches. This just confirms the same principle. Doesn't mean that the dog (or cop) can go inside the car, unless other tests are met (safety -- visible weapons, incident to an arrest, etc).

You may or may not like the line of cases, but this is really no change -- not even an extension -- from past cases.

As was noted a few posts up, the Supreme Court DID make a big change a few years back when they said you could NOT use outside heat detectors (thermal imaging), which had been common practice for a while

166 posted on 01/24/2005 10:43:15 AM PST by BohDaThone
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