Posted on 03/26/2013 11:36:13 AM PDT by edcoil
WASHINGTON (AP) — The Supreme Court ruled Tuesday that police cannot bring drug-sniffing police dogs onto a suspect's property to look for evidence without first getting a warrant for a search, a decision which may limit how investigators use dogs' sensitive noses to search out drugs, explosives and other items hidden from human sight, sound and smell.
(Excerpt) Read more at mail.com ...
See tagline.
“My dog alerted, so that’s the reason I had cause to search the person/car/house.”
I wonder if this extends to other areas, where the heavy hand of government ‘investigates’ your property from afar.
I saw a show on energy...but one thing I noted - the ‘authorities’ had the capability of flying around in a helicopter with a heat sensing device, slave to a mapping device, and they could quickly catalog who was ‘wasting’ energy. I wonder if that will stop.
I’ve also wondered about explosive sensing technology. It seems pretty sensitive...could the police drive down the street, pointing something at your house, and sense powder residue on a gun? And if so, would this ruling extend to that?
Or, at the very least, when do we get to use the same techniques to investigage them?
I’m reminded of the “parrot sketch” where the store clerk bumped the dead bird and said “there! he moved!”
That's a good one. A dog WILL alert to a ham sandwich. Rare is the one who won't.
Do you even know the element the dogs are smelling?
I belive they tried the infra red because inside plants didn’t light 24/7
I’d gladly swap a dog sniff for the TSA Fondle.
Wonder how thi courts will rule on this?
(crickets)
too bad they also didn’t include drones as well. we are hardly secure anymore from illegal searches, anywhere.
just remember probable cause must be based on something readily apparent and in plain sight. not wanting to be searched is not probable cause, asserting your rights is not probable cause. otherwise we’d never be able to refuse anything.
there was a story today in the coments about a guy making a ham sandwich for lunch where a drug dog alerted to the smell of the ham.
shoot the person the plant whatever on them. case closed.
And Toto too.
No worries. The 0bama Regime will bypass this technicality with a drone strike.
the ruling does not say that an alert is not probable cause
the ruling deals with how the dog got onto the property to begin with, not the alert
the handler had him on a 6 foot lead and allowed the dog to traverse from the sidewalk onto the porch
the Court held, properly, that constituted a search since the State (in the form of the dog) entered onto the curtilage of the property (a protected area for 4th amendment purposes)without any recognized exception to the search warrant requirement (hot pursuit, emergency, plain view, etc...)
there is still good case law that a K9 sniff from a public area is PC for a search warrant of an apartment (no expectation of privacy in the 'common area' of a stairwell for an apartment building, therefore the K9 can sniff at each door in the stairwell without violating the 4th amendment)
Posted on Tuesday, March 26, 2013 11:39:18 AM by JustSayNoToNannies
Look on the bright side. This will allow taxpayers, who currently fund the full-time K9 officer and all the food and vet bills for the dog, to have the officer and dog increase their visits to elementary schools, possibly to five days a week! There they can continue to spread the gospel of police searches, traffic stops and the effective use of the 4th and 5th Amendments as doggie piddle paper because the dog ‘indicated’ near the trunk of a randomly-stopped car. Never mind that it was a waft of exhaust or a skunk - dogs are smarter than us! Conveniently, Rin Tin Tin can’t be cross-examined in court so it’s up to the K9 officer to take the stand and repeat the nonsense about ‘indicating.’
The little ones must learn that civil liberties aren’t important when you have a furry friend!
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