Amtrak Passenger Upset By Early Morning Questioning (5 a.m., sleeping cars, warrantless search)

WOWT-TV Omaha ^ | March 8, 2011 | Mike Mcknight

[joe fonebone]

No flaming at all.... if you are busted for speeding, you have a right to see the calibration report for the radar, and to see the officers certification. Lie detectors are not admissible in court because they are subject to the feelings of the person administering the test. So, not to sound childish, but can I see the dogs calibration report? Can the dog tell me about his certification report? The dogs response is subject to the handlers interpretation. Although I kinda agree with using it in airports for luggage checks prior to loading bags onto a plane, or train, having one on a leash in my room or sleeping car would appear to be similar to a lie detector test, legally....is there a freeper lawyer that can further explain this????

[Captain Jack Aubrey]

Yes. Law enforcement can board the boat for no reason other than to look around. Think about all those people who live in floating houses in the Florida canals. They may think their home is their castle, but its only a boat. They have no reasonable expectation of privacy or any rights against unreasonable searches and seizures.

[Diamond]

Here's a 1994 Amtrak appeal case that discusses some of the relevant issues:

35 F.3d 513: United States of America, Plaintiff-appellant, v. Allen John Lemos, Jr., A/k/a J. Lance, Defendant-appellant

Cordially,

[CedarDave]

It does indeed discuss them. But it requires some study to figure out what it says! Maybe a lawyer can interpret in plain English.

[USNBandit]

but can I see the dogs calibration report? Can the dog tell me about his certification report

I'm not a lawyer, but I'm in federal law enforcement and we try to get dogs whenever we can. We don't have our own, but have a list of local and federal dogs handlers on speed dial when we need one.

If a dog is used to detect something in your bag or car (no warrant required) or in your home as part of a warrant, the dog handler will testify to the training received, case experience, even the number of false positives.

When dogs are used, most of the time the handler will make multiple passes around a number of bags or around the car a number of times to look for a consistent hit on the same area of the car. It can be pretty funny sometimes by the time a dog hits on something the third time the ones with some attitude start looking at their handler like "Hey, the dope is right here! Where's my motherf#$#ing reward!"

At that point the handler will have developed probable cause.

I think one of the issues people have with the dogs is that people think that is a search when the courts have found that isn't a search. The courts basically say the dog is just walking around the bag or car, and with his normal senses detects something without violating right to privacy. They treat it the same as a police officer seeing a marijuana plant in the back of a car, or the strong smell of marijuana coming from a bag. A dog's sense of smell is considered open view.

[Sir_Ed]

Wow, I had absolutely NO idea...thanks!

Ed