Posted on 04/05/2002 3:09:57 AM PST by rw4site
A judge's ruling Thursday said it's OK for officers to use police dogs to sniff for drugs on private property without a search warrant.
State District Judge Joan Huffman refused to elaborate after denying a request to throw out evidence collected at the home of a Houston motorcycle gang member accused of possessing methamphetamines.
Police had permission to search the home, court records show, but their warrant was obtained in part because a drug-sniffing dog had detected the odor of narcotics at the garage door.
Defense attorneys, who said the sniffing amounted to an illegal search, blasted the decision as an attack on privacy.
"This ruling allows the police the keys to our houses and obliterates the expectation of privacy that we've enjoyed in this country," said defense attorney Philip Hilder.
Assistant District Attorney Sally Ring argued in court that police have the right to be outside a home on walkways and front porches, areas where the general public can approach a house that is not fenced or posted with "Keep Out" signs.
Huffman's ruling came in a hearing in the case of David Gregory Smith, 39, of the 500 block of Shawnee, and Kristian Stauffer, 29, of the 3300 block of Ashton Park. Both are charged with possessing methamphetamines.
Police received permission from state District Judge Ted Poe to search Smith's house after a police dog "alerted" to the odor of drugs at his home, according to court records. The Oct. 4, 2000, search was one of several conducted as part of an 11-month investigation by the Harris County Organized Crime and Narcotics Task Force into alleged drug activity by the Bandidos.
Jury selection is expected to begin in Smith's trial today. Stauffer is considering a plea agreement, said her attorney, Edward Mallett. Stauffer also is charged with delivery of methamphetamines.
Mallett and Hilder both said they would appeal Huffman's decision.
In another hearing Jan. 18, U.S. District Judge Lynn N. Hughes suppressed evidence gathered with one of the search warrants for another Bandidos member after a drug-sniffing dog was taken to his home without a judge's permission.
Hughes said evidence seized in that search was not clearly stipulated in the search warrant. He also said that the "dog use is a search." Ring said Hughes' ruling has no jurisdiction in state court.
Again, as much as I dislike and fear the criminals, I fear the damage being done to our Constitution. The Bandidos are common thugs and criminals, but their actions affect mostly the people they deal with and a few peripheral others. The unconstitutional acts of the police and the courts affect us all.
The warrant was issued as a result of trespassing by the police. The police have become lazy at investigating crimes and creating cases against criminals by intruding on our rights and freedoms using high technology and dogs. This has been and is being condoned and blessed by many judges who have no knowledge of, or little understanding (or disdain) of the Constitution of the united States of America.
Let's hope this ruling will be overturned and the police will learn to do what is necessary to handle criminal cases within the confines of the Constitution. If all the stories I've heard about the Bandidos' escapades over the years are true, the police should have no problem building their cases and convicting them.
Looks like many Houston lawns will now sprout "Keep Out" signs as commonly as dandelions. Lot cheaper than fencing.
Of course it is. We have had thousands of dangerous rulings, to the point where the Constitution is quite nearly null and void.
Has anyone gone to jail for possessing Comet or Ajax?
Have no fear my friend. A form of that has already been outlawed by the Supreme Court (when done without a warrant).
Go away....
Acetone. Gasoline additives.
Brake cleaner.
Engine starter (ether).
Drain cleaner.
Iodine.
Salt (table, rock).
Lithium batteries. Lye.
Matches.
Coffee filters.
Let those who live in glass houses, and chose to throw stones, be the first to experience the consequences of their decisions.
Yep, finally used that word I didn't want to use for a long time, but it's gone over the top with them. Hired on goon mercenaries, that's about it. Zero respect for the constitution, we got the gestapo now. They do whatever they are ordered to do, no questions asked. That's pig behavior, my book.
If they were serious about ending the vast bulk of crimes as related to drugs, there's an obvious solution in our own past experiment with drug prohibition. it didn't work back then, created so many more problems over and above the original problems that everyone saw it and the constitution was re-amended back to the way it was. But now, no-o-o-o-, they want to keep this "war" ongoing so they can continue to chip away at any last vestiges of the constitution. Slap a flag on whatever they do as an excuse. Shoot some kid in the face thinking he's a bank robber, no problems. Confiscate peoples land or water, no problems. Snag cash off of people stopped for a traffic violation, no problem. On and on. Courts keep saying it's "ok". No it's not "ok" it's pig behavior engaged in by fascist pigs. Badged and unbadged black robbed and business-suited "in power". They have seized the nation, the nazi swine.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.