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Offlinesteelflower
Stranger
Registered: 02/22/05
Posts: 12
Last seen: 12 years, 7 months
Dogs and searches
    #4028524 - 04/07/05 10:57 PM (13 years, 3 months ago)

Can someone please educate me on police dogs and searches. If a dog smells something is it than legal for a search or still a warrant/consent?


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OfflineCptnGarden
fuck this site
Registered: 05/13/04
Posts: 11,945
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Re: Dogs and searches [Re: steelflower]
    #4030481 - 04/08/05 01:24 PM (13 years, 3 months ago)

There doesn't need to be any reasonable suspicion for a cop to use a dog to perform a search. If the dog smells something such as marijuana, they THEN have reasonable enough suspicion to search you.


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OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 1 month, 24 days
Re: Dogs and searches [Re: steelflower]
    #4031227 - 04/08/05 05:01 PM (13 years, 3 months ago)

Don't worry about what is legal and what is not legal for the cops to do. The cops will do what they want regardless. What is important for you to know are your rights, what to say, and how to act. Once the cop has you, the game is over and everything you do is damage control. Knowing your rights will help you squeeze through without taking damage... and if you still go down, at least you have given your lawyer plenty of ammunition to work with rather than digging a hole for your lawyer to try and bail you out of.


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Just another spore in the wind.


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Offlinecubicidal
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Registered: 03/23/05
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Re: Dogs and searches [Re: Seuss]
    #4092474 - 04/24/05 07:48 PM (13 years, 2 months ago)

They can just say that the dog alerted even if it didn't, search you, and then if they don't find anything they say the dog errored... if they find shit then great, you're fucked.


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OfflineFospher
Crime FightingMaster Criminal
Male

Registered: 02/09/05
Posts: 2,033
Loc: The Netherlands
Last seen: 6 years, 8 months
Re: Dogs and searches [Re: cubicidal]
    #4093725 - 04/25/05 01:26 AM (13 years, 2 months ago)

What if a dog smells the trunk? Can they pop it without a warrant if the dog alerts?


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Invisiblez@z.com
Libertarian
Registered: 10/13/02
Posts: 2,876
Loc: ATL
Re: Dogs and searches [Re: Fospher]
    #4093821 - 04/25/05 01:52 AM (13 years, 2 months ago)

Quote:

Fospher said:
What if a dog smells the trunk? Can they pop it without a warrant if the dog alerts?



Yes. Your best bet is to try to avoid a dog even being called out. If a cop pulls you over always ask repeatedly if you are being detained or if you are free to go(if it becomes evident they intend to search you). That has worked for me almost every time(4 out of 5).


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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C.S. Lewis

"I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson


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OfflineFospher
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Re: Dogs and searches [Re: steelflower]
    #4093961 - 04/25/05 02:38 AM (13 years, 2 months ago)

Wouldnt the cop just say, "No you are not being detained nor are free to go" every time you pop the question?


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OfflineFospher
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Re: Dogs and searches [Re: Fospher]
    #4093963 - 04/25/05 02:39 AM (13 years, 2 months ago)

Q2: Can the dogs smell mushies?


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Invisiblez@z.com
Libertarian
Registered: 10/13/02
Posts: 2,876
Loc: ATL
Re: Dogs and searches [Re: Fospher]
    #4094054 - 04/25/05 03:34 AM (13 years, 2 months ago)

Quote:

Fospher said:
Q2: Can the dogs smell mushies?



I used to be friends with the K9 cop in my town (who was oddly enough cool with drug use). His dog was supposed to be trained to smell shrooms, but it failed every test we gave it.


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"Of all tyrannies, a tyranny exercised for the good of its victims may be the most oppressive. It may be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end, for they do so with the approval of their own conscience." - C.S. Lewis

"I would rather be exposed to the inconveniencies attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson


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Invisibledblaney
Human Being

Registered: 10/03/04
Posts: 7,894
Loc: Here & Now
Re: Dogs and searches [Re: Fospher]
    #4094244 - 04/25/05 07:25 AM (13 years, 2 months ago)

The problem now, I think, is that cops don't even need probably cause to call a K9, so if you say something he doesn't like, or do something, or anything really, he could legally call in a K9. It's silly...unless I'm misinterpreting the Supreme Court's ruling?


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"What is in us that turns a deaf ear to the cries of human suffering?"

"Belief is a beautiful armor
But makes for the heaviest sword"
- John Mayer

Making the noise "penicillin" is no substitute for actually taking penicillin.

"This country, with its institutions, belongs to the people who inhabit it. Whenever they shall grow weary of the existing government, they can exercise their constitutional right of amending it, or their revolutionary right to dismember or overthrow it." -Abraham Lincoln


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OfflineSeussA
Error: divide byzero

Folding@home Statistics
Registered: 04/27/01
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Re: Dogs and searches [Re: dblaney]
    #4094644 - 04/25/05 11:47 AM (13 years, 2 months ago)

Quote:

Wouldnt the cop just say, "No you are not being detained nor are free to go" every time you pop the question?




Nope... a cop has three choices:

1) let you walk free
2) detain you
3) arrest you

If you are being prevented from walking free, then you have either been detained or arrested. Most cops get away with what they do because of people's ignorance. Once you indicate that you are not ignorant of your rights, the cops tend to behave a lot better.

> if you say something he doesn't like, or do something, or anything really, he could legally call in a K9.

If I understand the ruling, then you are correct in that a cop can use a K9 to search for drugs without cause. However, I am not sure if a cop can legally detain you to wait for a K9 to show up without cause. Where I used to live, a cop could detain you up to 48 hours without arrest, but only if they had probable cause that a crime had been commited... not that it really matters... in "real life" if a cop thinks you have drugs, then he is going to search regardless of what is legal or not...an illegal search may or may not get tossed out in court, but without any search at all there isn't even the chance of court... a pretty simple decision in a cops mind.

> Can the dogs smell mushies?

I have heard a lot of people claim that they can, and I see little reason why they couldn't... but I have not heard of one single instance of anybody ever getting in trouble with mushrooms because a dog sniffed out the mushrooms.


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Just another spore in the wind.


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InvisibleAdden
I'm a teapot User Gallery

Registered: 06/04/03
Posts: 38,641
Re: Dogs and searches [Re: Seuss]
    #4095318 - 04/25/05 03:57 PM (13 years, 2 months ago)

AFOAF walked by a drug dog in the airport with a half ounce in his pocket; if that makes any difference, having to be directed and all..


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Invisibledeathbychimney
45th GenerationRoman
Registered: 02/26/05
Posts: 239
Re: Dogs and searches [Re: Adden]
    #4095345 - 04/25/05 04:04 PM (13 years, 2 months ago)

there are more and more cruisers here that are K9 equipped here, particularly state patrol (this is in washington state)


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