Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: NCLaw441
A dog sniffing outside of a car is simply detecting an odor that has escaped the car. If the odor remained inside the car, the dog would never smell it. I would say that this is akin to a policeman at the front door of a house, seeing blood oozing out the door. Seeing that blood is not a search of the house, but the sight of that blood might provide the probable cause to search.

But if a policeman is at someone's door or has pulled someone over it is probably for another reason. If a dog is sniffing around a car, the entire reason the dog is there in the first place is to perform a search so it is disingenuous to say the dog is not searching since that is its sole purpose of its existence at the scene.
38 posted on 05/02/2007 4:37:25 PM PDT by microgood
[ Post Reply | Private Reply | To 37 | View Replies ]


To: microgood

The other reason requires not probable cause, but reasonable suspicion. Usually this is the result of a traffic stop...


46 posted on 05/02/2007 5:45:39 PM PDT by NCLaw441
[ Post Reply | Private Reply | To 38 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson