We live in a small town, and we have a small police force. The K-9 unit uses a dog at places like wal-Mart, Dollar General, or Hucks, to walk aroung the parking lot, sniffing the trunks of all cars. Is this legal? Doesn't the law require a warrant, or reasonable suspicion to search ALL cars? Isn't using a drug sniffing dog the same as a search?
2006-07-05 23:23:25 · 21 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
When parked at one of these places, your car is on private property. The owner of the property has the right to allow the dogs to "sniff". This is the same thing as dogs coming to the schools to search cars in the parking lot or lockers. Your stuff is on their property so they have the right to protect their property from any illegal drugs that you may bring.
If you dont want it sniffed or searched without probably cause you must park your car on the street.
2006-07-05 23:30:29 · answer #1 · answered by dodiewayne 2 · 1⤊ 3⤋
1
2016-06-03 20:51:49 · answer #2 · answered by Malik 3 · 0⤊ 0⤋
Yes they do have the right to do it. It is the same as you going out and sniffing anything you want. Nobody own the air around something. It is called an open air search.
The dog or the police are not intruding onto your personal property. The dog is just smelling.
If the dog was to " hit " on an item, that would serve as probable cause to search that item.
I am not a K-9 officer, but have worked K-9 officer as a partner for a period of time. Thes e dogs are amazing on what they can smell and do.
2006-07-08 07:43:18 · answer #3 · answered by Anonymous · 1⤊ 1⤋
Mmm... hard to say. Here's something on roadblocks, which is similar:
"Drug Roadblocks
The Supreme Court holds that roadblocks whose primary purpose is to detect evidence of ordinary criminal activity are unconstitutional, and therefore illegal. Even though drugs are a scourge on society and are responsible for many of society’s ills, there isn’t the same vehicle-related threat to life and limb that exists with drunk driving. If law enforcement agencies were allowed to detain citizens based on any of the crimes facing society, then the constitutional protections we enjoy today would disappear. Therefore, because the primary purpose of a drug roadblock is to detect evidence of ordinary criminal wrongdoing, it is unconstitutional."
But then again, the roads are state property, which a parking lot is private property. Having the permission of the store owners or managers may make the difference, there.
2006-07-05 23:30:51 · answer #4 · answered by The Resurrectionist 6 · 0⤊ 0⤋
They have the right to walk around public places all they want.
Dogs are searching for "probable cause," and they also have that right.
Here's another hint for those who like to travel with drugs in their cars. Police routinely walk around motel/hotel parking lots with drug sniffing dogs.
If you are going to drive, leave the drugs at home.
2006-07-05 23:29:00 · answer #5 · answered by Left the building 7 · 1⤊ 1⤋
If the dog is on the exterior of the car sniffing "public air", then it's legal. The officer would not be able to open the car door and let the dog in, but short of that there's nothing illegal about the practice.
2006-07-06 12:01:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
No, there's nothing illegal about walking close to a car. The dogs are the tool that give reasonable suspicion to the officer.
Like someone else said though, the business that owns the property has a right to refuse it to a certain extent. Exceptions to that would be if they have a warrant to search a specific vehicle that has entered the property.
2006-07-05 23:28:50 · answer #7 · answered by SirCharles 6 · 0⤊ 1⤋
We studied this in a Constitunal law class.
it is legal...again it is not searching people directly, the illegals search and seizure clause of the 4th amendment is not vilolated.
is a dog sniffing or smelling search? the defintion of search is the kicker...
for example if you are pulled over....and refuse a search of your car, drug sniffing dogs may be brought in......
which was the case we studied.
2006-07-05 23:43:07 · answer #8 · answered by nefariousx 6 · 1⤊ 0⤋
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2016-08-23 01:16:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
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2006-07-05 23:32:20 · answer #10 · answered by creativechristian 1 · 1⤊ 0⤋