Because a cop can, intentionally or unintentionally, cause a dog to give a false positive, the use of a dog should not be sufficient evidenct to enter without a warrant. The court did well here.
I think if it’s true a cop can on purpose or unintentionally cause a dog to give a false positive, they should NEVER be able to use them without a warrant, ANYWHERE.
We’ve all known they can do this with their dogs and there is an incredible harassment power with it. Do not think the power has not been abused, or that it won’t be worse in the future. And there are plenty of cops who aren’t above planting a baggie somewhere then the dog “finds” it. And there goes your freedom, vehicle, and you’re done.
The Supreme Court unanimously ruled, only a month ago, that a drug-sniffing dog alerting to a car on a public street was sufficient grounds to search the car. Today's ruling was that bringing the dog onto the porch of a house was itself a "search" requiring a warrant. (The distinction is that, under prior SCOTUS rulings, a search of a car requires only probable cause, not a warrant, but that a search of a house requires both probable cause and a warrant).
I agree, so why is it legal to use them on vehicles, and at schools for backpacks and lockers?
Dogs act off of human body langauge far more than we think. If a cop wants to find drugs the dog may sense this and react in kind.
Can he piddle on the corner post?
just a couple edits for ya...
no different than a cop going fishin in yer car because he *smells alcohol* or *smells marijuana*...the dog is just a prop to use in case the fishing expedition comes up empty...
recently had a state trooper make me blow a breathalyzer on *his* smell...after laughing in his face and telling him he was a liar and a punk, i blew the bottom out of the lil straw and spit all over his arm...and informed him i havent drank in 7 yrs...
checkpoints on the road are no different than walking up on the porch...
If it’s illegal for a police dog to sniff your porch....how come the TSA can fiddle with your junk?
this is in keeping with other USSC cases.
Police can not use “tech enhancements” to bypass warrants. (infra red, sonar, dog training, robots)