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Where Does a Cop With an 80-pound Dog Search? Anywhere He Wants.
Townhall.com ^ | February 27, 2013 | Jacob Sullum

Posted on 02/27/2013 5:08:50 PM PST by Kaslin

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To: fattigermaster
(Australian Report).....Updated Mon Dec 12, 2011

Your desperation is pathetic. If sniffer dogs are so inept, why are they used in search and rescue, explosives and bomb detection in both civil and military operations ?

81 posted on 02/28/2013 5:50:26 PM PST by Alaska Wolf (I)
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To: dirtboy
And the Constitution is supposed to limit their powers.

The people are the power. They vote for those who create the laws.

82 posted on 02/28/2013 5:53:15 PM PST by Alaska Wolf (I)
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To: Alaska Wolf
The people are the power. They vote for those who create the laws.

Seriously, dude. This is a limited-government website. A Constitutional website. And you are spouting this progressive crapola?

83 posted on 02/28/2013 6:01:48 PM PST by dirtboy
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To: Alaska Wolf

And also realize. I understand that is the current dynamic. But our fight is against such.


84 posted on 02/28/2013 6:17:11 PM PST by dirtboy
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To: Alaska Wolf; All
Man's Best Friend - Reason.com

The NACDL and the ACLU also describe a 1984 operation in which Florida state police stopped about 1,330 vehicles at roadblocks and walked dogs around them. If one dog alerted, another was brought in, and vehicles were searched only if both dogs indicated the presence of illegal drugs. That happened 28 times, but those searches yielded just one drug arrest. "Despite the requirement that two dogs alert before a search," the NACDL/ACLU brief notes, "police found illegal narcotics sufficient to justify an arrest in only 4% of cars searched," meaning "the likelihood of a false alert was approximately 96%." With impressive chutzpah, Florida's lawyers claim "this example at most shows a 'false' alert rate under 2%." You see what they did there ? Twenty -seven false alerts divided by 1,330 cars equals 2 percent. But the relevant question is not the percentage of vehicle stops that resulted in a false alert; it is the percentage of alerts (in this case, double alerts) that turned out to be false. For purposes of probable cause, we want to know the likelihood that a search triggered by a dog's alert will find drugs. In this case it was 4 percent—not, as Florida's tricky calculation implies, 98 percent.

What is going on when a dog alerts and no drugs are found ? Police and prosecutors want us to believe these are not really false alerts at all: Either the drugs were so cleverly hidden that the cops could not find them, or the dog detected otherwise imperceptible traces left by drugs that were recently in the vehicle or by contact with drug users' hands (which is what the prosecution claimed in Harris). But these explanations are completely unfalsifiable and amount to nothing but self -serving speculation. Furthermore, the "residual odor" excuse weakens rather than strengthens the case for probable cause, since the traces could have been left by someone other than the driver: a passenger, a previous owner, even (as the defendant's lawyers in Harris suggest) a cash -strapped addict who tried to open the vehicle's door while looking for stuff to steal. In addition to residual odors, dogs can be confused by the smells of food, other dogs, and legal chemicals they have been trained to associate with drugs. But perhaps the biggest source of error is the cues that dogs pick up from their handlers, whose expectations can influence the animals' behavior.

85 posted on 02/28/2013 6:18:49 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
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To: OneWingedShark
So then, should these enablers of tyranny [the dogs] be preemptively killed?

I could see a surge in consumer purchases of spices. Black pepper, cinnimon and mustard sprinkled everywhere.

86 posted on 02/28/2013 6:26:55 PM PST by VRW Conspirator (Sometimes it takes calamity to lead to serenity - FReeper RacerX1128)
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To: dirtboy
And you are spouting this progressive crapola?

Since when is the right and responsibility to vote, "progressive crapola"? Appears you could use a little refresher in the US Constitution.

We the people elect representatives/senators who create the laws and confirm the USSC justices.

87 posted on 02/28/2013 6:31:40 PM PST by Alaska Wolf (I)
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To: OneWingedShark

For purposes of STATE law, New Mexico differs based on the NM Supreme Court interpretation of the NM Sttae Constitution:

“39.-Warrantless searches of automobiles require a showing of exigent circumstances. In accordance with the principles underlying Article II, Section 10 and the cases over the last seven years interpreting that provision independently from its federal counterpart, we announce today that a warrantless search of an automobile and its contents requires a particularized showing of exigent circumstances. In State v. Copeland, the Court of Appeals defined exigent circumstances as “an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.” 105 N.M. 27, 31, 727 P.2d 1342, 1346 (Ct.App.1986).

A warrantless search is valid where the officer reasonably has determined that exigent circumstances exist. A warrantless search is invalid if, in the court’s estimation, the officer’s judgment that exigent circumstances existed was not reasonable. The inquiry is an objective test, not a subjective one, into whether a reasonable, well-trained officer would have made the judgment this officer made. If reasonable people might differ about whether exigent circumstances existed, we defer to the officer’s good judgment. On appeal, we may review de novo the trial court’s determination of exigent circumstances.”

- See more at: http://caselaw.findlaw.com/nm-supreme-court/1069052.html#sthash.H67sT0np.dpuf

So you are correct, when referencing state law.


88 posted on 02/28/2013 6:31:56 PM PST by Mr Rogers (America is becoming California, and California is becoming Detroit. Detroit is already hell.)
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To: fattigermaster
The NACDL and the ACLU

LOL! There are two organizations you must be proud to represent. If sniffer dogs are so inept, why are they used in search and rescue, explosives and bomb detection in both civil and military operations ?

89 posted on 02/28/2013 6:36:22 PM PST by Alaska Wolf (I)
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To: Alaska Wolf

Apparently you are a dips*** who has no clue about concepts of republican government.


90 posted on 02/28/2013 6:39:05 PM PST by dirtboy
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To: dirtboy
Apparently you are a dips***

When you run out of relevant things to post you resort to juvenile name calling. I had thought better of you than that.

The Constitution of the United States

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Article I - The Legislative Branch Note

Section 1 - The Legislature

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

91 posted on 02/28/2013 6:47:27 PM PST by Alaska Wolf (I)
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To: Alaska Wolf
Are you capable of doing any research on your own?

I swear, it's like talking to a cultist...they demand you accept their position on faith, when you oppose their position they say you have no facts, present them facts and they demand statistics, present statistics and they say you're part of a hate group.

Like I said, I don't care if I convince you, I'm informing the Freepers watching the steam come out of your ears. Thanks for pulling my plow, mule...lol

92 posted on 02/28/2013 7:11:51 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
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To: Alaska Wolf
In asking the U.S. Supreme Court to affirm the lower court’s ruling, The Rutherford Institute documented empirical research showing dog alerts are not inherently reliable. One recent study at the University of California—Davis, showed that in a test where handlers were told drugs might be found at the test site, but no drugs were present, dogs gave false positive alerts an astonishing 85% of the time. The U.S. Supreme Court has yet to rule on a related case, Florida v. Jardines, which challenges the use of drug-sniffing dogs by police to carry out warrantless searches of private homes. The Rutherford Institute also filed an amicus brief in Florida v. Jardines. (Excerpt)
93 posted on 02/28/2013 7:19:13 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
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To: fattigermaster
I swear, it's like talking to a cultist.

That's what doper LIEberTARDians are.

If sniffer dogs are so inept, why are they used in search and rescue, explosives and bomb detection in both civil and military operations ?

present statistics and they say you're part of a hate group.

Who is "they"?

Thanks for pulling my plow, mule

Fantasizing or just in a drug stupor, LIEberTARDian?

94 posted on 02/28/2013 7:34:41 PM PST by Alaska Wolf (I)
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To: fattigermaster
One recent study at the University of California—Davis,

Where is the study? How many animals were involved? Why are your sources all LIEberTARDian? What have the results been of the suits brought forth that you have posted?

95 posted on 02/28/2013 7:45:19 PM PST by Alaska Wolf (I)
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To: Alaska Wolf
You're so funny when your face gets all purple like that.

Handlers' Beliefs Influence Drug Sniffing Dogs' Performance-UC Davis Study-18 Dog Detection Teams, Over 200 False Positives

96 posted on 02/28/2013 7:55:48 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
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To: fattigermaster
A church was selected as the location for the study, since it was unlikely to have contained either explosives or drugs in the past.

Unlikely? That sure is scientific, isn't it? LOL!

97 posted on 02/28/2013 8:49:42 PM PST by Alaska Wolf (I)
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To: fattigermaster
You're so funny

Why do you avoid answering the questions posed to you, LIE berTARDian?

98 posted on 02/28/2013 8:53:10 PM PST by Alaska Wolf (I)
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To: Alaska Wolf

And even funnier when you try to type like a badass.

I think you’ve got the adhesive tape on your Depends™ wound a little too tight; Poindexter. ;^)


99 posted on 02/28/2013 10:02:40 PM PST by fattigermaster (Train for life in prison because they are stacking the bricks and setting the bars around you.)
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To: fattigermaster
I think

You've yet to provide any evidence supporting that claim, LIEberTARDian. Are the questions posed to you too difficult?

100 posted on 02/28/2013 11:43:44 PM PST by Alaska Wolf (I)
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