Drug dog searches ruled unconstitutional
+ Reply to Thread
Results 1 to 8 of 8

Thread:
Drug dog searches ruled unconstitutional

  1. #1
    Colts fan & Stoker owner RitcheyRch's Avatar
    Join Date
    Dec 2007
    Location
    Santa Clarita Valley
    Posts
    8,170

    Default Drug dog searches ruled unconstitutional

    Well, it looks like the Supreme Court still recognizes the Fourth Ammendment - they just ruled the use of drug sniffing dogs, prior to the issuance of a warrant, to be unconstitutional. In other words, police can no longer use a dog to sniff around without first getting a warrant, as a means of creating probable cause to get a warrant - they now must have probable cause, and a warrant, to deploy the dog.

    I wonder what this will mean for motorists. Most courts have seen the sanctity of one's car to be pretty darn near equal to that of one's home. It's not to be searched without a warrant, which cannot be obtained without probable cause. Seems to me that if police can no longer use dogs without a warrant at one's home, they probably cannot do so with one's car, either. No more holding motorists at the side of the road, awaiting the arrival of the dog, if they need a warrant to deploy the dog in the first place.

    I see this as a significant victory for our liberty over the continued over reach of the police state. Score one for the good guys.


    Supreme Court: Drug dog sniff is unconstitutional search | Politics | The Seattle Times
    www.facebook.com/RitcheyRch

    "I didn't pay them for sex, I paid them to leave"
    Charlie Sheen

    Life is all about ass, you're either covering it, hauling it, laughing it off, kicking it, kissing it, busting it, trying to get a piece of it, or behaving like one.

  2. Remove Advertisements
    PerformanceBoats.com
    Advertisements
     

  3. #2
    Senior Member Pm/pe122's Avatar
    Join Date
    Oct 2010
    Posts
    1,300

    Default

    Police can and will do whatever they want , honestly , they will find a way around this as they always do ! In this world it's "us and them "

  4. #3
    gn7
    gn7 is offline
    Senior Member gn7's Avatar
    Join Date
    Jan 2008
    Posts
    25,975

    Default

    Quote Originally Posted by RitcheyRch View Post
    Well, it looks like the Supreme Court still recognizes the Fourth Ammendment - they just ruled the use of drug sniffing dogs, prior to the issuance of a warrant, to be unconstitutional. In other words, police can no longer use a dog to sniff around without first getting a warrant, as a means of creating probable cause to get a warrant - they now must have probable cause, and a warrant, to deploy the dog.

    I wonder what this will mean for motorists. Most courts have seen the sanctity of one's car to be pretty darn near equal to that of one's home. It's not to be searched without a warrant, which cannot be obtained without probable cause. Seems to me that if police can no longer use dogs without a warrant at one's home, they probably cannot do so with one's car, either. No more holding motorists at the side of the road, awaiting the arrival of the dog, if they need a warrant to deploy the dog in the first place.

    I see this as a significant victory for our liberty over the continued over reach of the police state. Score one for the good guys.



    Supreme Court: Drug dog sniff is unconstitutional search | Politics | The Seattle Times
    Wonder how this will affect airports? I'm thinking it only pertains to local law enforcement. Feds and the military can still shit all over your constitutional right with impunity. In the name of "national security" of course.



    100% free webcam site! | Awesome chicks and it is absolutely free! | Watch free live sex cam - easy as 1-2-3

  5. #4
    Blown, OHBA Member Wild Hair's Avatar
    Join Date
    Aug 2008
    Location
    Okmulgee Okla.
    Posts
    2,811

    Default

    Hell I came out of the casino Monday evening and the tribal police was walking their drug dog around the cars in the parking lot. 30 years ago he would have fell over dead at mine. I just smiled and drove off.
    OHBA GROWTH THROUGH PARTICIPATION
    Built Cheyenne Tuff, With Chevy Stuff.
    well the block is GM any ways


    GOD BLESS AMERICA AND KEEP HER SAFE

    LOCK N LOAD AMERICA, OUR 2nd AMENDMENT
    IS UNDER FIRE


  6. #5
    Senior Member Jake's Avatar
    Join Date
    Apr 2008
    Posts
    3,509

    Default

    What happens to people covicted on drug dog evidence now?

  7. #6
    Senior Member SoldHondaBoughtHondo's Avatar
    Join Date
    Oct 2009
    Location
    Lake Havasu az.
    Posts
    4,318

    Default

    Quote Originally Posted by RitcheyRch View Post
    Well, it looks like the Supreme Court still recognizes the Fourth Ammendment - they just ruled the use of drug sniffing dogs, prior to the issuance of a warrant, to be unconstitutional. In other words, police can no longer use a dog to sniff around without first getting a warrant, as a means of creating probable cause to get a warrant - they now must have probable cause, and a warrant, to deploy the dog.

    I wonder what this will mean for motorists. Most courts have seen the sanctity of one's car to be pretty darn near equal to that of one's home. It's not to be searched without a warrant, which cannot be obtained without probable cause. Seems to me that if police can no longer use dogs without a warrant at one's home, they probably cannot do so with one's car, either. No more holding motorists at the side of the road, awaiting the arrival of the dog, if they need a warrant to deploy the dog in the first place.

    I see this as a significant victory for our liberty over the continued over reach of the police state. Score one for the good guys.


    Supreme Court: Drug dog sniff is unconstitutional search | Politics | The Seattle Times
    Driving around in our car or mo ho is a completely different deal and the decision was intended to apply to someones home....
    The guy had a small forest and he was thieving electricity...it was only a matter of time before he got locked up...if for nothing other than the smell....I bet he still got tagged for stealing electricity...probably a felony too.

    Quote Originally Posted by Jake View Post
    What happens to people covicted on drug dog evidence now?
    He wasn't convicted because of the dog. Use of the dog on someones property was used to obtain the warrant that got leo access to his home. Now that the SC has made a decision it will only apply to whatever date forward.I doubt that happens very often anyway.

    Besides...pc to get a warrant is a joke anyway....all it takes is one neighbor to say 'that looks like a drug house. I see people coming and going at all hours and they only stay a few min. at a time..'
    Last edited by SoldHondaBoughtHondo; 03-28-2013 at 05:25 AM.
    "A liberal paradise would be a place where everybody has
    guaranteed employment, free comprehensive healthcare, free
    education, free food, free housing, free clothing, free
    utilities, and only law enforcement has guns. And believe it or
    not, such a place does, indeed, exist: It's called prison."

    Sheriff Joe Arpaio
    Maricopa County Sheriff's Office

  8. #7
    Floatin dirty Lavey29's Avatar
    Join Date
    Mar 2008
    Posts
    4,831

    Default

    I would agree with this ruling but seems to be limited to homes. Cars are typically stopped for a traffic violation and during the lawful stop, the dog sniffs around the outside (or inside with consent or PC). There is also an "exclusionary rule" which may be applicable at times to searching cars without a warrant. Entering someones property is still held in high regard for the 4th by the courts in my opinion.You guys should see some of the other stuff they do now with scent evidence at crime scenes. Using technology to get scent off evidence items like shell casings and link it to a suspect.

  9. #8
    Marine Organism Forkin' Crazy's Avatar
    Join Date
    Dec 2007
    Location
    Mound, Louisiana
    Posts
    12,743

    Default

    Quote Originally Posted by Pm/pe122 View Post
    Police can and will do whatever they want , honestly , they will find a way around this as they always do ! In this world it's "us and them "
    Unless you have witness(s) to back up your testimony, the judge will side with the cop every time. So yea, they can pretty much do what they want. Been there done that!

    Forget the dogs though, check this out:


    LEAWOOD, Kan. (AP) — Two former CIA employees whose Kansashome was fruitlessly searched for marijuana during a two-state drug sweep claim they were illegally targeted, possibly because they had bought indoor growing supplies to raise vegetables.
    Kansas couple: Indoor gardening prompted pot raid

    The suit filed in Johnson County District Court said the couple and their two children — a 7-year-old daughter and 13-year-old son — were "shocked and frightened" when deputies armed with assault rifles and wearing bulletproof vests pounded on the door of their home around 7:30 a.m. last April 20.
    "An armed society is a polite society. Manners are good when one may have to back up his acts with his life"

    - - Robert A. Heinlein

+ Reply to Thread

Quick Reply Quick Reply

Register Now

Please enter the name by which you would like to log-in and be known on this site.

Please enter a password for your user account. Note that passwords are case-sensitive.

Please enter a valid email address for yourself.

Please select your insurance company (Optional)

Log-in

Tags for this Thread

Digg This Thread

Posting Permissions

  • You may post new threads
  • You may post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95