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InvisibleRavus
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Registered: 07/18/03
Posts: 7,991
Loc: Cave of the Patriarchs
Freedom Overrated, Supreme Court Says
    #4041600 - 04/11/05 05:26 PM (11 years, 7 months ago)

Supreme Court Won't Hear Drug Dogs Case
Apr 4, 10:30 AM (ET)

WASHINGTON (AP) - The Supreme Court on Monday declined to consider whether police can have drug dogs sniff outside people's homes without any specific suspicion of illegal activity.

Justices let stand a lower court ruling that allowed the dog sniff, rejecting an appeal from a Houston man who said it was an improper police "search" that violated his Fourth Amendment right against arbitrary searches.

In so doing, the court declined to clarify the scope of police authority after it ruled 6-2 earlier this year that dog sniffs for drugs were OK outside a car if a motorist is lawfully stopped for a traffic violation. Justices David H. Souter and Ruth Bader Ginsburg dissented in that ruling, cautioning it could lead to much more intrusive searches.

David Gregory Smith challenged his Texas conviction for drug possession based on evidence obtained after a police dog sniffed outside his garage and alerted authorities to possible drugs inside. After the dog's alert, police obtained a search warrant and found methamphetamine in his bedroom, far from the garage.

"The use of a drug-sniffing dog at the entrance of a private home to detect the contents of the dwelling strips the citizenry of the most basic boundary of personal privacy by gathering invisible information coming from the interior of the home," the petition states.

A Texas state court ruled last year that the dog sniff outside his garage was not intrusive enough to invoke constitutional protection. It also said police did not unlawfully trespass because the garage was along a sidewalk that visitors must walk to reach the front door.

The case is Smith v. Texas, 04-874.
http://apnews.myway.com/article/20050404/D898KUTG0.html


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So long as you are praised think only that you are not yet on your own path but on that of another.


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InvisibleDNKYD
Turtle!

Registered: 09/24/04
Posts: 12,326
Re: Freedom Overrated, Supreme Court Says [Re: Ravus]
    #4042977 - 04/11/05 11:01 PM (11 years, 7 months ago)

This is disgusting.


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InvisibleRavus
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Registered: 07/18/03
Posts: 7,991
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Re: Freedom Overrated, Supreme Court Says [Re: DNKYD]
    #4043147 - 04/11/05 11:47 PM (11 years, 7 months ago)

Indeed. If they continue this, why not just do away with warrants? Cops can randomly enter and search anybody's home if they feel like it.

I don't see how it's any different from taking dogs outside it. The dogs smell what's inside it, the cops lack any Constitutional probable cause, and the guy is still charged with it! I hope this is restricted simply to Texas, but I doubt it will be.


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So long as you are praised think only that you are not yet on your own path but on that of another.


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InvisibleDNKYD
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Registered: 09/24/04
Posts: 12,326
Re: Freedom Overrated, Supreme Court Says [Re: Ravus]
    #4043226 - 04/12/05 12:08 AM (11 years, 7 months ago)

I can't stand it when I tell people our freedoms are being taken away and they just laugh me off as some "conspiracy theorist hippy". It's happening!


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Invisibledblaney
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Registered: 10/03/04
Posts: 7,894
Loc: Here & Now
Re: Freedom Overrated, Supreme Court Says [Re: DNKYD]
    #4044491 - 04/12/05 07:48 AM (11 years, 7 months ago)

Quote:

DNKYD said:
This is disgusting.




--------------------
"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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Offlinehobgoblin
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Registered: 02/22/05
Posts: 50
Last seen: 11 years, 4 months
Re: Freedom Overrated, Supreme Court Says [Re: Ravus]
    #4044516 - 04/12/05 08:02 AM (11 years, 7 months ago)

You know, a dishonest handler can teach a good dog to "indicate" the presence of drugs
with a subtle hand, body or voice signal whether or not there are drugs present.


--------------------
Seek not to rationalize hobgoblins. ~ Yeats


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Invisiblederx
who run it
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Registered: 05/30/03
Posts: 2,459
Loc: dx/dt
Re: Freedom Overrated, Supreme Court Says [Re: hobgoblin]
    #4047410 - 04/12/05 09:09 PM (11 years, 7 months ago)

of course, leaving them with the ultimate authority. police are going to do what they want and usually get away with it, Welcome to America, the land of the free!


--------------------
better living through chemistry

OVERGROW the government!!

it's not a war on drugs, it's a war on personal freedom, ok, thats what it is.


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