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2006-07-12 10:57:17 · 14 answers · asked by Anonymous in Politics & Government Law Enforcement & Police

I want to thank the police officers who answered my Q and indicated that they were doing so from experience. My pick for best Q will come from those answers. One concern I still have is the issue that the dog has been trained to sniff me and my car in order to conduct an involuntary search which does an end run on the probable cause clause of the 4th amendment and also its use presumes guilt rather than innocence. I personally believe K-9 searches should not become routine. I also wonder where else the theory expresses by some of you justifying the practice will lead to. Will you use them to search private parking lots, cars parked on streets, apartment buildings, private homes---where does it stop and where are the lines drawn. This is more than a law enforcement issue for me and and technicalities used to do end runs around one's privacy by well-meaning police officers really concern me.

2006-07-25 10:14:26 · update #1

14 answers

To "Cantcu":
Illinois v Caballes (125 S. Ct. 834 (2005) U.S. Supreme Court

Dog sniff conducted during a lawful traffic stop, that reveals no information other than location of contraband that no individual has any right to possess, does not violate the Fourth Amendment.

Use of a well trained narcotics detection dog, one that does not expose noncontraband items that otherwise would remain hidden from public view, during lawful traffic stop does not violate the Fourth Amendment.

Where lawful traffic stop was not extended beyond time necessary to issue warning ticket and to conduct ordinary inquiries incident to such a stop, another officer’s arrival at scene while stop was in progress and use of narcotics detection dog to sniff around the exterior of motorist’s vehicle does not have to be supported by some reasonable, articulable suspicion.

You should probably take a course in Supreme court rulings concerning the Constitution your profess to know so well. You reffered to most cops as narcissistic in another question on here, better check that little ego of yours 'cause that is just what you come accross as.

2006-07-16 15:29:25 · answer #1 · answered by dean v 2 · 0 0

Firewalker328 is completely right. You don't have the expectation of privacy to the air outside of your car. That is not considered a search. The police dog cannot enter your car without your consent (and even if it's given you can withdraw it at any time), unless the dog 'indicates' on something inside the car.
Now to the technicality issue... I actually don't mind it that much when someone gets off on a technicality. You are correct that it is the basis of our Constitution. If law enforcement messes up, then you should benefit. BUT, that only makes police stronger the next time as they learn from their mistakes (I know I do) and they never let it happen again.

2006-07-13 14:00:02 · answer #2 · answered by Anonymous · 0 0

Catnip isn't the point! The point is whether the police have the authority to effect a search of private property with the misuse of the Constitution to effect a search!

I love those who always say that someone got away with a crime because of a technicality! That technicality is the basic source of the rights of Americans under the Constitution, That is a little more than a technicality!!

I think that we are coming to a point where everyone needs to take a Constitutional course, rather than one on how to circumvent it!

2006-07-12 11:09:23 · answer #3 · answered by cantcu 7 · 0 0

All the dog is doing is sniffing the air around your car. It belongs to nobody. It is not an invasion of your privacy. If don't want the dog in the car, just say no.

The only time the police make the dog go inside the car without your consent is when the dog hits on the drugs inside.

2006-07-12 17:50:07 · answer #4 · answered by Anonymous · 0 0

Seeing how you didn't state where you are from and every state, county etc have different bylaws etc about privacy, I would personally look into it but to answer your questions and only my opinion for every hundred law abiding citizen there is one criminal that has the potential to hurt an innocent person like a drug smuggler, illegal gun dealers and more recent a terrorist with a bomb... so my point is these police dogs are trained to find illegal substance (drugs, bombs etc) that can harm society and what they find isn't racially based, ethnic based etc...

2006-07-14 08:52:04 · answer #5 · answered by luv_a_win 5 · 0 0

Against. If I just ran a red light, I don't want a dog sniffing around in my car. And that isn't because I'm doing anything illegal - I don't run red lights, have never smoked dope and have never had so much as an open container in my car. It amazes me how willing people are these days to give up their privacy.

2006-07-12 11:01:57 · answer #6 · answered by Danaerys 5 · 0 0

No the only ones it would bother are the ones who have something to hide. Maybe if they did use drug dogs then maybe we could get a little bit of a handle on drugs being transported on our hwys.

2006-07-12 11:49:17 · answer #7 · answered by aenease5974 2 · 0 0

For, if you have nothing to hide then there is nothing to loose. However if you have a bomb in your car, I really would like a police dog to find it before you can blow it off infront of my door.

2006-07-12 11:00:07 · answer #8 · answered by Brian 5 · 0 0

I am for the use of German Police Dogs during any traffic stop!!!!

2006-07-12 10:59:54 · answer #9 · answered by Vagabond5879 7 · 0 0

I have no problems with it. The worse thing a dog would ever find in my car is catnip.

2006-07-12 10:59:26 · answer #10 · answered by TrippingJudy 4 · 0 0

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