Skip to comments.High Court Rules Dog Sniff During Traffic Stop OK Without Suspicion Of Drugs
Posted on 01/24/2005 9:20:02 AM PST by Lazamataz
The Supreme Court gave police broader search powers Monday during traffic stops, ruling that drug-sniffing dogs can be used to check out motorists even if officers have no reason to suspect they may be carrying narcotics.
In a 6-2 decision, the court sided with Illinois police who stopped Roy Caballes in 1998 along Interstate 80 for driving 6 miles over the speed limit. Although Caballes lawfully produced his driver's license, troopers brought over a drug dog after Caballes seemed nervous.
Caballes argued the Fourth Amendment protects motorists from searches such as dog sniffing, but Justice John Paul Stevens disagreed, reasoning that the privacy intrusion was minimal.
"The dog sniff was performed on the exterior of respondent's car while he was lawfully seized for a traffic violation. Any intrusion on respondent's privacy expectations does not rise to the level of a constitutionally cognizable infringement," Stevens wrote.
In a dissent, Justice Ruth Bader Ginsburg bemoaned what she called the broadening of police search powers, saying the use of drug dogs will make routine traffic stops more "adversarial." She was joined in her dissent in part by Justice David H. Souter.
(Excerpt) Read more at sfgate.com ...
BTW, I don't count NC as 'the South' in this regard. It's kinda Northern-y in it's approach to everything except guns.
Now available on 8-Track!
I like the Beatles. I don't think much of jerks that pose (or feel they must use someone else's fame, to be heard!!!)!
Have a toke for me!
No need to explain, we have our own share of "rude cop" episodes. My experience has been that cops usually do the right thing, they just sometimes don't do it in the right or polite way. We are constantly working on our officer's "bedside manner."
Now they can pull you over for "swerving in your lane" (aka, not driving in a perfect straight line) and search you for "acting suspicious".
Basically, they can pull you over and send in the dogs for a search with no cause whatsoever.
Today's tyranny minute has been brought to you by the U.S. Supreme Court. Nice work, folks.
Sorry fella, you have no expectation of privacy to the AIR around your car. Whether it be a dog, or odor sensing device... Odors eminating from a vehicle, no MATTER HOW STRONG OR WEAK are not owned by the owner of the vehicle nor can any expectation of privacy related to them be expected.
XRAY required the GENERATION of XRAYS to detect them... or an exterior act... sniffing the air, whether by human, or dog, or electronic device does not.
Court made the right call.
Couldjya come down to Georgia, fire every officer, and start from scratch maybe?
I'm glad you are aware of the problem and even more glad you are actively trying to do something about it. Are you a CPT, LT, or the like?
I'm sure the fact the IL Attorney General (Lisa Madigan)was completely unqualified to argue a case in front of the Supreme Court had nothing to do with the outcome. Had the AG done the right thing and let an experienced trial lawyer argue the case, the ruling may have gone another way. Her daddy (Mike Madigan, speaker of the house) even cancelled a session of the legislature so he could watch her in action. Yet another example of how corrupt Dems are ruining everyone's life.
Unfortunately, we have carpetbaggers, and South Carolina lawyers that like to play Senator! It was always Dimocrat, and will be for a long time... I was born there, have a home there, don't stay there long!
Now, WV is where I spend most of my time, except when on the road in my RV, or cruzin on one of Celebrity's boats!
Outstanding. You actually will have some clout in making the necessary changes.
Between your reasonable demeanor on this thread, your basic understanding of the rights of citizens and the desires Americans have to be free, and now your immediate concession that Southern cops have -- by and large -- some 'issues', you have absolutely earned the respect of this particular citizen.
Well, I was tryin' to give blueknight a chance to save face, when I checked his location after posting the Southern cop riff. He seemed like a nice guy and I wanted to give him some wiggle room.
Turns out he's more interested in honesty than saving face. He stepped right up and admitted the problem.
Now THAT'S a FREEPER, baby.
Question: If a two legged officer's nose can detect marijuana, why use dogs?
As one who drives 10+ different cars per week back and forth between service shops, dealerships, auctions, etc., and not knowing who the car belonged to (trade ins) I have a real problem with whatever "inconvenience" this could get me into.
We had a call from the NC State Police not to long ago asking us to provide our ownership history of a car we had sold over a year ago. Turns out this car had previously belonged to a small time drug dealer who was doing time on drug charges - he hid some drugs in the headliner of the car, had a friend sell it, we somehow ended up with it as one of the trade ins we buy and then we sold it at the auction (and I drove this car around as my demo for about three weeks - with my kids!). . .as it turns out, there was enough heroin in that car that could have gotten me 10 to 15 or $10-15K in attorney fees defending my innocence if on a traffic stop a dog came and sniffed. NC State Trooper explained this is a common way for perps to save a stash for when they get out of jail - they locate the vehicle via DMV records, break into it, get their stuff and go on their merry way.
Damn, son, you ain't from around here, are you?
Oh wait, you must be thinking of the Raleigh area where all the liberals live, not the rest of the state.
Okay, but I wouldn't restrict any "problems" to just southern cops. I recently attended the FBI National Academy with supervisors from all 50 states ( and 25 foreign countries)and I did not feel inferior to any other region.