i am just wondering because i am in highschool, and if they decide to "bring the dogs" one day, are they even allowed to make their dogs sniff my car or is it some violation of my rights...idk im afraid to ask my law studies teacher lol
2007-11-25 15:29:03 · 16 answers · asked by coryengle 2 in Politics & Government ➔ Law Enforcement & Police
The US Supreme Court ruled that you have a lesser expectation of privacy when operating a vehicle on public roads, or when parked on public property, such as a school. Therefore, the dog sniff is legal. If the dog hits, that is probable cause for a search.
If you vehicle is not parked and has been pulled over, however, there are restrictions.
The officer can not hold you for the sole reason of waiting for the dog to arrive. The dog must be present during the time frame of the actual stop.
2007-11-25 15:57:13 · answer #1 · answered by trooper3316 7 · 5⤊ 0⤋
They cannot search the inside of the vehicle without consent,,,HOWEVER, they can have the dog sniff from the outside around your car. If the dog "indicates" or smells drugs, that gives the officer "probable cause" or the right to open the door and put the dog on the inside to find the drugs, he does not need consent at that point.
2007-11-25 19:46:33 · answer #2 · answered by viperroadster 2 · 2⤊ 0⤋
A k-9 sniff is not considered a "search". The supreme court has ruled on the issue many times. Basically, any smells escaping your car is in the public domain. So an officer can walk through the parking lot with a dog, if the dog "hits" on a car. Then the officer has probable cause to search.
2007-11-25 15:40:39 · answer #3 · answered by Kenneth C 6 · 7⤊ 0⤋
Only two or three answers here are correct. The rest....wow...way off. Courts have ruled that, while the interior areas of your vehicle are protected, the air around and emitting from your vehicle is not. Therefore, any odors detected by a trained canine which are emitting from your vehicle (and beleive me, they can detect even the most minute traces of most substances) can be used as reasonable suspicion to warrant further search or investigation, establish probable cause and so on....if a dog walks around the outside of your car and "indicates"....the officer has now got enough reason to continue with the full search of your vehicle.
2007-11-25 17:24:10 · answer #4 · answered by Joe M 2 · 2⤊ 0⤋
Yes, they may have a dog sniff your car without consent/knowledge.
It varies from state to state but police generally at least need resonable suspicion (a reason to suspect something illegal is going on, but not proof of wrong doing) to have a dog sniff a car. This means it is USUALLY not ok for police to randomly have a dog sniff cars.
But there are exceptions... like when you cross a border, on private property (and the property owner wants it done), or at a school.
But none of these things has to do with consent or knowledge. As long as the police have reason to suspect, they can do the sniff anywhere without you knowing it.
2007-11-25 15:35:31 · answer #5 · answered by Bob 3 · 2⤊ 1⤋
No he can't, and even reasonable suspiscion would not allow the cop to search your car. The cop must have PROBABLE CAUSE (I.e open containers, smell of marijuana). Next time just say "no officer I don't consent to any searches" and if the next cop says " I can legally search your car without your consent" then say "bullshit officer, its my fourth amendment right to be protected against all unreasonable search and seirzures, if you want to search the car then get a warrent". BUT here is one exception where a cop CAN search your car without your consent. If he pulled you over, asked for your license and insurance BUT you don't have insurance or misplaced the proof of insurance then he can impound your car AND THEN SEARCH IT WITHOUT YOUR CONSENT!
2016-05-25 23:23:06 · answer #6 · answered by ? 3 · 0⤊ 0⤋
where do you live ? what school ?depends on what your school board says about this. 99.9999% of the schools in the USA are gun and drug free. using a dog to search cars in the parking lot is allowed. but the dog sniffs around the car and if it gives the handler a hit on your car. then they would pull you out of class and ask you to open it up. might check your school rules on parking or use of the parking lots. most rules state that you give consent to search if you use the parking lot or have a parking permit.
2007-11-25 15:35:48 · answer #7 · answered by andy3191 7 · 2⤊ 0⤋
Yes they can bc it's a public school. It's not violating your rights. A K9 officer can do a sniff on a traffic stop without probable cause.
2007-11-25 17:04:40 · answer #8 · answered by Tabatha 4 · 1⤊ 0⤋
Dogs can sniff any area open to the public.
As far as being in high school, the school administration can do damn near anything they want to ensure that there is a safe learning environment for all.
This includes metal detectors, pat downs, locker and bag searches, etc.
2007-11-25 23:52:27 · answer #9 · answered by California Street Cop 6 · 4⤊ 0⤋
STUPID laws cops pushed into place....go out and find citizens on the street that are doing things illegal....have you cops nothing else better to do??? Just cause a kid drives a family car to school....surely doesn't mean everything in the car belongs to the kid!! what happened to some common sense!!! Might as well send your kid to prison....cause these schools are just about like them nowadays!
2015-04-30 18:24:13 · answer #10 · answered by Pugs are Us 1 · 0⤊ 0⤋