MediaMole
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Posted on 12/29/2011 8:27:34 PM PST by bamahead
SCOTUSblog flags a pending cert petition on an interesting Fourth Amendment question:
What limits, if any, does the Fourth Amendment place on the use of a trained drug-sniffing dog to approach the front door of a home?
The police might do this to see if the dog will alert for the presence of narcotics in the home, which might then be used to help show probable cause and obtain a warrant to search it. Under Illinois v. Caballes, the use of the dog around a car is not a “search” and therefore outside the Fourth Amendment. The question is, does the Caballes rule apply when the dog is brought to the front door of a home rather than a car? A divided Florida Supreme Court ruled in Jardines v. State that Caballes does not apply and that probable cause is required to bring the dog up to the home for a sniff.
--SNIP--
Everyone agrees that use of human senses can’t themselves violate the Fourth Amendment (eyesight, hearing, smelling, etc.), and the Court has held that the use of some sense-enhancing devices is okay (such as flashights) while the use of other sense-enhancing devices crosses the line and becomes a search (such as the use of thermal imaging devices on a home). In the case of sniffs around a car, reasonable people can disagree for a number of reasons on how dog sniffs should fit in this framework. But once the Court announces the rule for the common case of the sniff around a car, as it did in Caballes, some officer is going to try to use the rule to see if it applies elsewhere, as in a search around a home.
(Excerpt) Read more at volokh.com ...
he means drug sniffing dawgs owned by the cops. and yes its a search. how they can argue that its not a search, well the logic escapes me.
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Because if a cop looks in your window and sees drugs out in the open...that’s not a search. That is probable cause for a search. Therefore, if a dog sniffs the OUTSIDE of your car, that is not a search. If the dog smells something OUTSIDE your car, then that is probable cause to search inside your car.
This is where they draw the line, for now.
LOL
packrat has a pack of labs...good one. You know there is a 2 dog limit in most cities right? If you have that many dogs in the city, they will arrest you. Welcome to obama’s america you filthy mangy serf! All your dogs are belong to us!
Your the best :0)
have you ever heard a dog say the oath?how does that work?
MediaMole
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Freedom_Is_Not_Free
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there will be a fight over who gets to shoot your dog first.
Everyone knows (or should no) a police dogs handler can make the dog give the alert signal whenever the handler wants. Police dog sniffs are a joke.
Everyone knows (or should know) a police dogs handler can make the dog give the alert signal whenever the handler wants. Police dog sniffs are a joke.
Solves that problem. I’ll bet you don’t get a lot of solicitors either.
Thanks for that link. Great article by Radley Balko!
Thanks....:)
[I’m apparently the only person here who’s willing to go down in a hail of bullets for my dog, too]
Hillbilly backbone.
God blessed me.
It’s bad enough you spend your paranoid life cringing in fear.
Stop projecting it onto others.
Some of us got guts.
Observe and learn.
[you’re an embarrassment to your user name]
FYI, I’m a “girl”, not a “guy” and if you think I’m kidding, push me.
Cool.
While they’re fighting for the right, I’ll be “busy”, myself.
[My God, you people disgust me...*this* defeatist attitude is why we are where we are, now]
None.
Ever.
[Well, there ~was~ that one guy who came on in, selling steaks out of his truck. Damn, he could run and jump a gate.]
Sure they will. There was an article on here within the last two months about cops shooting two pit bulls in a fenced in yard because the cops’ dog jumped the fence supposedly in pursuit of a criminal who may or may not have passed through the yard. The pit bulls were protecting their property. The cops killed them.
“The search doesn’t start until the warrant is presented.”
I thought you were saying that the warrant shouldn’t be valid because the dog’s reaction is interpreted and the officer/pair can’t be cross-examined.
But the officer’s interpretation of the dog reaction is used regularly in court, isn’t it?
In case you missed the multiple reiterations, my dogs are -never- out in the yard without me due to indigenous wildlife issues.
*Never*.
[FWIW, I’d *love* to see a cop dog “jump blind” over a 6’ stockade fence]
Just so I don’t have to repeat myself AGAIN:
When my dogs are out, I am out and I’m always carrying because of coyotes, mountain lions, bears, rabid coons, etc.
It would *not* be a “Defenseless little old lady’s Pomeranian killed by cops” scenario.
Sheesh.
So sorry you’re all upset that multiple posters did not read all the way through the thread before replying to your post.
It is admirable that you always accompany your dogs outside in your rural Appalachian setting and that you have a high fence around your yard in rural Appalachia. It is also wonderful that you are always carrying a weapon to protect yourself from cops and wild beasts.
Your posts remind me of a little old lady who used to take me home with her “in the country” so that I could experience livin’ in the sticks. She had a catfish pond, and I would go out fishing by myself though accompanied by the lady’s dogs. One of the saddest things I remember from my childhood is learning that this lady’s beautiful German Shepherd named Smokey was killed by a hunter/neighbor/cop/somebody.
Your posts also remind me of hubby’s grandma. Her dogs also roamed their property freely. None were ever shot, and if they had been, Grandma would have found a way to put a bullet through the perp. (not that I know of her ever shooting anyone, but no one crossed her.) She was from Appalachia though she lived most of her adult life elsewhere. She was a Rocky Top type o woman. lol
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