so they can search your car? I mean I'm not for drug tracking or nething, I just feel like that is a violation of something!! But I can't pinpoint what...
2007-02-15 16:08:50 · 18 answers · asked by cuteness 4 in Politics & Government ➔ Law Enforcement & Police
My boyfriend is a k9 officer and i asked him a similar question, but the legal standing is that the air is free and if the dog can smell something outside your car and acknowledge its existence to its handler to it then it gives reasonable suspicion to search the car. Dogs have to go through rigorous training for this and have to have it all documented to show how accurate they are.
There is no violation of the law here because the police are not actually searching the car.
It works the same as if a cop smells alcohol or marijuana in the car, but a dog's nose is a lot more accute. If humans could smell it wouldn't be a violation would it?
A dog is simply a tool that enhances the cop's ability to do his job.
Oh and a cop doesn't need probable cause to run the dog, but they usually won't call in a dog unless they are suspicious. The dog GIVES probably cause (PC) so the cops CAN search. I have been told that they only get a warrant if they have to mechanically get into the car and take things apart
2007-02-15 16:27:54 · answer #1 · answered by Riley 4 · 2⤊ 1⤋
No.....It should not be legal. Think about it a second. You are going to give the right to a person who is driving a very large object, to carry or transport illegal narcotics. Did it ever occur to you that they may be using those same narcotics. The drug dog is used properly when the officer has probable cause to believe you may have drugs. Standard procedure would recommend that the officer ask for your permission to search the auto. If you then refuse and the officer believes that you are carrying narcotics, then he will perform an OPEN AIR search. The Law says he can. If the dogs responds positively, then you are out of luck, someone is probably going to jail.
One more thing to add. Dont forget, you as a person are afforded the rights that you so commonly hear on TV. That does not include your auto. If the officer really wants to stretch the Law, he will use Probable Cause and hold your vehicle until he can obtain a search warrant.
2007-02-15 16:25:44 · answer #2 · answered by Ol' School Police 1 · 1⤊ 0⤋
In the field, drug dogs are better at identifying drugs than humans are. If the dog reacts then then it is reasonable for the cop to assume that there are drugs in the car and perform a search. The car is never entered before that point. Pretty much the same if a cop sees drugs inside the car through the window.
Best way to avoid it is to not carry illegal drugs!
2007-02-15 16:22:29 · answer #3 · answered by uberkase 2 · 1⤊ 1⤋
It is a legal search
Officers are allowed to access anything that is open to the public.
The air containing the scent of the drug is availible for anyone in the public to smell (Including the drug dog)
Now assume you sealed your car up with a industrial roll of seran wrap, No scent would escape and as such a dog would be unable to smell drugs around your car. The dog is not legally allowed to search inside the vehicle so there is no detection of drugs.
Another scenario, You have a grow of pot in your garage. A police officer walking by smells it from the sidewalk, He approches the house to ask you about it and from the doorway sees the grow in the garage window. Those are legal searches.
So, If any trace of any controlled substance is located in public air or view then you should have done a better job.
2007-02-15 16:14:24 · answer #4 · answered by aj_reel 3 · 1⤊ 1⤋
There are a number of matters right here. the way the regulation works (and has been ruled with the help of the very suited courtroom) if the drug dogs is already on scene and linked with the officer who stopped you they might use it to accomplish a criminal or consensual seek. If the officer does not have a dogs they desire in all threat reason (no longer smart suspicion) to call in a dogs. That being stated police canines are meant to have clean and unambiguous indicators that their handlers will comprehend. somebody no longer familiar with the canines could no longer comprehend the thank you to deal with them or the thank you to interpret their indicators. That being stated the canines close dating with their handlers makes it conceivable for a corrupt cop to make his dogs provide a pretend beneficial sign as justification for further looking. we are residing in a society the place its conceivable to hold corrupt officers and people who're over zealous of their enforcement of the regulation to account whilst they wreck the regulation and step over the line. the suited protection is a video digicam to checklist the form and then next is to declare your rights to the officer on the commencing up and say "i do no longer consent to myself or my sources being searched" and then do no longer enable the officer make you budge from that stance. It places the officer on alert which you already know your rights and don't desire them to be violated. in basic terms don't be a jerk approximately it or the cop might bypass out of his thank you to offer you a value ticket for something minor. The very suited courtroom has additionally been extremely uncertain approximately profiling asserting that it may no longer be the only foundation of suspicion or in all threat reason, yet neither have they stated specially to what degree it can be used. there have been many opportunities to extra needless to say define what can and can't be accomplished and the very suited courtroom keeps element-stepping the situation.
2016-09-29 04:36:33 · answer #5 · answered by philibert 4 · 0⤊ 0⤋
Dogs are only used to pinpoint where the suspected drugs is but it is still subjected to laboratory tests to make sure that it is really a drug.
2007-02-15 16:13:16 · answer #6 · answered by FRAGINAL, JTM 7 · 2⤊ 2⤋
No there is nothing wrong with it...
I know a cop that used his on suspicion and ended up busting a guy for 600 LBS of Marijauna...
2007-02-15 16:53:58 · answer #7 · answered by sammyd734 2 · 1⤊ 1⤋
no, because anybody that has any thing to worry about is only because they are doing something illegal. If u aren't hiding anything illegal then the dogs won't bother with u and your privacy won't be violated.
2007-02-15 16:18:10 · answer #8 · answered by Anonymous · 1⤊ 1⤋
No. Drugs are ILLEGAL. Why do people whine when cops bust them? You don't have the right to have drugs in your car. Sorry.
2007-02-15 16:13:16 · answer #9 · answered by Nationalist 4 · 2⤊ 1⤋
Not at all.
If there are drugs in your car, it is illegal.
So any way they can find that out from the outside is perfectly fine.
They aren't violating their authority if they are on the outside of the car.
I dont know what you are getting at with this question.
2007-02-15 16:15:57 · answer #10 · answered by Dr. Bradley 3 · 1⤊ 2⤋