High Court Rules Dog Sniff During Traffic Stop OK Without Suspicion Of Drugs

Associated Press ^ | 1/24/2005

[NJ_gent]

"I don't think they can do X-Ray machines because it requires an intrusion of particles on their part. But they can do heat, light, etc. because heat for example comes out of your body and home on its own and becomes open game. Sort of like garbage on the curb is abandoned property. Your heat signatures are essentially abandoned property."

See: NSA's TEMPEST. You'd be shocked and amazed what you can tell about what's going on inside a person's home just from the patterns of electromagnetic interference generated.

[sam_paine]

Oh goodness, me. I actually do things to preserve and exercise my freedom. What are YOU doing besides posting on FR? What was the last FOIA request you filed? Do you have YOUR FBI file?

I decry the Laz's and NJ_gents of the world that fiddle while Rome burns. That is the real ostrich.

The inexorable power grab of the government already HAS affected me -- and I defended myself. And I won. That doesn't happen in a police state.

Inactive whiners, though, are a dime-a-dozen, police-state or free utopia.

[AD from SpringBay]

Yep - not a good decision. It's another step in a little direction I like to call conditioning.

[libertyman]

This just "shows to go ya" that if you have drugs in your car, don't give the cops any excuse to pull you over! Don't speed, make sure you drive perfectly, & avoid accidents. Just transport your drugs back to the house (or their intended location) & get 'em outta the car.

[NJ_gent]

"But then again, it was a "nervous" Algerian Muslim at the Washington/Canadian border"

When it comes to the border and people trying to enter this country, especially now, I have no problem with blanket cavity searches. Defend the borders and we won't have a need for garbage like this inside our country.

[m1-lightning]

Is it illegal to have a gun in your car in NYC? This case was in Illinois. I live in Illinois. I can have a gun in my car in Illinois. Therefore it's apples and oranges.

[The Westerner]

What happened to the concept of a "search warrant"? This Supreme Court has been awful on issues of privacy.

[bird4four4]

Washington/Canadian border

Borders are a completely different thing. They have the right to search anyone or everyone for any reason when crossing a border. You have no expectations or rights crossing international lines. However, a citizen within these borders, used to have the expectation of certain rights, such as not being searched.

[robertpaulsen]

"Robert Paulsen actually defended, virulently, a crooked cop who was caught planting drug evidence on over 80 people. There is utterly no point in conversing with this person."

Hey Laz. You got 10 minutes to post an apology.

I never defended a crooked cop. I certainly didn't defend one who was ever charged, much less convivcted, of planting drugs.

[Sandy]

This ruling allows dog-drug searches on the basis of someone acting "nervous."

Whether a person is acting nervous really has nothing to do with this.

A dog sniff for drugs isn't even considered a search.

Official conduct that does not compromise any legitimate interest in privacy is not a search subject to the Fourth Amendment. We have held that any interest in possessing contraband cannot be deemed legitimate, and thus, governmental conduct that only reveals the possession of contraband compromises no legitimate privacy interest. This is because the expectation that certain facts will not come to the attention of the authorities is not the same as an interest in privacy that society is prepared to consider reasonable.
[quote marks and citations omitted]

Essentially, if in the normal course of a legitimate traffic stop there happens to be drug-sniffing dog on the scene, the dog can sniff around the vehicle regardless of whether the driver seems suspicious. If it ain't considered a search, no reasonable suspicion is necessary unless the cop tries to keep you detained after he's finished checking your tag and your license and writing your ticket and whatnot.

[NJ_gent]

"Papers please. Why are you concerned if you have nothing to hide comrade?"

Some people just can't help but smile while reading Orwell's '1984'.

[m1-lightning]

There is no invasion of privacy from a dog sniffing a car. My only complaint is the time lost if they do it...especially if I'm on my way to work.

[small_l_libertarian]

I'd like to say that this is unbelievable and shocking, but, unfortunately, it's pretty much par for the course these days.

[Wurlitzer]

"I don't think they can do X-Ray machines because it requires an intrusion of particles on their part."

This could also be applied to magnetic scanning at airports, county buildings, Mt Rushmore (yes they do it there) etc. The magnetic fields pass through your body.

[JeffAtlanta]

Is it illegal to have a gun in your car in NYC? This case was in Illinois. I live in Illinois. I can have a gun in my car in Illinois

Yes it is. Anyway, get pulled over in any state and see what happens when you tell the officer you have a loaded gun in the car. Some will be cool about it - most will have you immediately exit the vehicle and seize the weapon for "their safety"

[robertpaulsen]

"I recall that the 9/11 hijackers weren't very nervous."

Roy Caballes, with with 282 pounds of marijuana in the trunk, certainly was.

[NJ_gent]

"I've never heard of anyone mowing down innocent bystanders while being drunk in their homes."

Nope, but I have heard of people preparing bombs and weapons for mass murders from within their homes. In fact, I seem to remember some youngsters who used a home to plan and prepare an assault on their schoolmates. Where was that again.... Oh yeah, Columbine.

[palmer]

Perspective please. We are at war and already have to give up freedoms for that.

[AdamSelene235]

Last time I went to Scotland, I remember an incident between a local cop and lady which surprised me.

You can shove and cuss at Russian cops for a half hour and not get arrested/assaulted.

[m1-lightning]

You shouldn't carry it loaded. It's against the law.

"6 seconds to safety".