It keeps getting worse. Trample of your rights - Page 2

General » General Discussion

Site Notices

[ARCHIVED THREAD] - It keeps getting worse. Trample of your rights (Page 2 of 3)

Posted: 6/5/2008 11:47:00 AM EDT

[#1]

hmmm....moats may become popular again.

Posted: 6/5/2008 11:48:51 AM EDT

[#2]

Quoted:
Bear traps + yard = no k-9 stress

antifreeze laden meatballs would help as well

Posted: 6/5/2008 12:00:36 PM EDT

[#3]

Quoted:
Anybody remember how the Supreme Court ruled in the thermal imagining case???

That could weigh heavily on this ruling.

Here toy go

Interesting the break on that case.
And interesting to note that Scalia and Thomas are the true believers on the Constitution.
Ginsburg, Souter and Breyer sided with the criminal (as they always do.)
Rhenquist, Stevens, Kennedy and O'Conner sided with big government can do what it wants.
Suprising how losing Rhenquist and O'Conner has really strengthened the court.

Posted: 6/5/2008 12:01:56 PM EDT

[#4]

Quoted:

Quoted:
Bear traps + yard = no k-9 stress

antifreeze laden meatballs would help as well

Meh....

Fox Urine works best

Posted: 6/5/2008 12:05:58 PM EDT

[#5]

This will go the same way as using thermal images to look for grow houses. Provided it gets appealed. There is already existing precedence that will prevail here. Still an illegal search. Technically the cops have to trespass to do this. Its not like their in "hot pursuit" when they walk the pooch up to your door.

Posted: 6/5/2008 12:11:23 PM EDT

[#6]

Quoted:
Tell that to many of those college students out there.

Students that live in student housing have no rights.

I was an RA for 2 1/2 years. Student would always try to use the warrant rule and doesn't apply to them.

State laws on this topic maybe different.

I think this is because they give the university the right to a no warrent search when they sign their housing agreement, I think it is in the contract they sign. I know my landlord cannot agree to a search of my apartment, and they have to ask permission to even enter without a 24 hour written notice.

Posted: 6/5/2008 12:14:42 PM EDT

[#7]

Quoted:
I have to imagine there's some chemical out there that drives dogs nuts, makes them sick, distracts them, makes them run away... something. Some folks running grow operations aren't retarded and may employ such things.

Its called Bitter Apple. Great for breaking your dog of chewing up the house. We had to use it on some baseboards, coffee table and a corner to get our dog to stop chewing on them. They get within three feet of it and turn tail, and remember it forever. They only have to get a whiff once or twice for it to be effective too.

Posted: 6/5/2008 12:16:40 PM EDT

[#8]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

Wrong. It is different. The UPS guy has a purpose for being there to fulfill the contracted service he provides. The police have no such invitation.

Then put up a fence/gate around your front yard - if UPS/Boy Scouts/Girl Scouts/Etc can 'legally' access your front door so can a cop.

Brian

The UPS guy is there because I bought something and have given implied consent for it to be delivered.
The Scouts are there to try and sell me cookies. That's not a trespass.
The cop with a dog is there only to check my compliance with the law. It's not a service I have requested or invited by any behavior I have displayed.

Posted: 6/5/2008 12:25:07 PM EDT

[#9]

Whatever helps us win the War on terror and the War on Drugs and the War on Smelly People and their Property

Posted: 6/5/2008 12:26:08 PM EDT

[#10]

Quoted:

Quoted:
Anybody remember how the Supreme Court ruled in the thermal imagining case???

That could weigh heavily on this ruling.

Here toy go

Interesting the break on that case.
And interesting to note that Scalia and Thomas are the true believers on the Constitution.
Ginsburg, Souter and Breyer sided with the criminal (as they always do.)
Rhenquist, Stevens, Kennedy and O'Conner sided with big government can do what it wants.
Suprising how losing Rhenquist and O'Conner has really strengthened the court.

I saw an interview with Scalia on CSPAN...Seemed like a decent guy with his head in the right place.

Posted: 6/5/2008 12:26:52 PM EDT

[#11]

Quoted:
This will go the same way as using thermal images to look for grow houses. Provided it gets appealed. There is already existing precedence that will prevail here. Still an illegal search. Technically the cops have to trespass to do this. Its not like their in "hot pursuit" when they walk the pooch up to your door.

If the property isn't posted and there is no gate/fence preventing Joe Random Citizen from accessing your front door please explain how a cop would be trespassing BEFORE you ask him/her to leave?

Brian

Posted: 6/5/2008 12:29:04 PM EDT

[#12]

Quoted:
Great, thanks war on drugs supporters.

You are welcome!
Dopers belong in prison.

Posted: 6/5/2008 12:31:16 PM EDT

[#13]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

Wrong. It is different. The UPS guy has a purpose for being there to fulfill the contracted service he provides. The police have no such invitation.

Then put up a fence/gate around your front yard - if UPS/Boy Scouts/Girl Scouts/Etc can 'legally' access your front door so can a cop.

Brian

The UPS guy is there because I bought something and have given implied consent for it to be delivered.
The Scouts are there to try and sell me cookies. That's not a trespass.
The cop with a dog is there only to check my compliance with the law. It's not a service I have requested or invited by any behavior I have displayed.

So which is a trespass and which isn't - have you given the Scouts implied consent, what about Jehovah's Witness?

A cop walking up to your front door is not trespassing 99.9% of the time. Heck, what if it was fireman?

Brian

Posted: 6/5/2008 12:32:54 PM EDT

[#14]

Quoted:

Quoted:
Great, thanks war on drugs supporters.

You are welcome!
Dopers belong in prison.

So do drinkers.

And pill-poppers.

And cat-piss sniffers.

Posted: 6/5/2008 12:34:20 PM EDT

[#15]

They could do that for years now.

Posted: 6/5/2008 12:35:20 PM EDT

[#16]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

A dog trained to sniff drugs is a device used for searching. Dogs don't patrol on their own so it is presumed that they would be used to search.

Sniffing the air isn't a search - whether it's around your car, your person or your house.

Brian

That's bullshit. I don't care how legal it is, using a device that is sensitive to a particular item and wandering around looking for it "by chance" is disingenuous. How long before they use it on CCW holders since only LEOs can "safely" carry weapons?

The K-9 isn't sensitive to a particular item - it's been trained to alert the handler when it smells a particular item using it's 'god given' senses.

In this particular case the courts said the LEO must have a 'tip' before using the K-9.

Is it disingenous for a cop to use better than average eyesight/hearing/smell when walking around?

The only issue here is coming to the front door - and even then that's not a trespass/violation of the 4A in ~99.9% of situations.

Brian

Posted: 6/5/2008 12:37:05 PM EDT

[#17]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

A dog trained to sniff drugs is a device used for searching. Dogs don't patrol on their own so it is presumed that they would be used to search.

Sniffing the air isn't a search - whether it's around your car, your person or your house.

Brian

That's bullshit. I don't care how legal it is, using a device that is sensitive to a particular item and wandering around looking for it "by chance" is disingenuous. How long before they use it on CCW holders since only LEOs can "safely" carry weapons?

See my post above. SC ruled that canvasing a neighborhood with thermal imagining is unconstitutional without a warrant. The K9 thing will eventually be ruled the same.

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

Posted: 6/5/2008 12:43:21 PM EDT

[#18]

Quoted:
Hey, is this pot of water getting warmer or is it just me?

It's not just you.

And pit bulls used to be the scariest dogs around...

Posted: 6/5/2008 12:44:17 PM EDT

[#19]

Quoted:
A cop walking up to your front door is not trespassing 99.9% of the time.

What if you tell the cop to get off your property?

What if you have a No Trespassing sign posted?

Posted: 6/5/2008 12:45:35 PM EDT

[#20]

Quoted:

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

If the K9 isn't considered equipment then what is it?

You have a reduced expectation of privacy in a motor vehicle, totally different circumstances compared to a dwelling.

Posted: 6/5/2008 12:47:05 PM EDT

[#21]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

A dog trained to sniff drugs is a device used for searching. Dogs don't patrol on their own so it is presumed that they would be used to search.

Sniffing the air isn't a search - whether it's around your car, your person or your house.

Brian

That's bullshit. I don't care how legal it is, using a device that is sensitive to a particular item and wandering around looking for it "by chance" is disingenuous. How long before they use it on CCW holders since only LEOs can "safely" carry weapons?

See my post above. SC ruled that canvasing a neighborhood with thermal imagining is unconstitutional without a warrant. The K9 thing will eventually be ruled the same.

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

And the people intentionally delayed until the other unit that just happens to have a dog with it are supposed to do what?

You can't be that naive.

Posted: 6/5/2008 12:47:33 PM EDT

[#22]

Quoted:

Quoted:
A cop walking up to your front door is not trespassing 99.9% of the time.

What if you tell the cop to get off your property?

What if you have a No Trespassing sign posted?

Unless he's got legal authority to be there that trumps your demand he should leave. Otherwise anything he finds should be suppressed as 'fruit of the poisonous tree'.

Brian

Posted: 6/5/2008 12:49:03 PM EDT

[#23]

Quoted:

Quoted:

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

If the K9 isn't considered equipment then what is it?

You have a reduced expectation of privacy in a motor vehicle, totally different circumstances compared to a dwelling.

K9 isn't like a thermal imager, directional antenna, binoculars etc - those are specialized pieces of equipment.

Brian

Posted: 6/5/2008 12:52:22 PM EDT

[#24]

Quoted:
And the people intentionally delayed until the other unit that just happens to have a dog with it are supposed to do what?

You can't be that naive.

For someone that comes across as so high & mighty you can't be that ignorant of how our legal system works.

Driver should sit back and relax all the while thinking about how their defense attorney is going to get the contraband (if any is found) suppressed based on an illegal search.

If the driver is Joe Upstanding Citizen then after all is said and done he should file complaints with the department and DA.

Brian

Posted: 6/5/2008 12:52:58 PM EDT

[#25]

Quoted:
Anybody remember how the Supreme Court ruled in the thermal imagining case???

That could weigh heavily on this ruling.

Here toy go

thermal search was the first thing that came to mind when i read the OP--glad to see that it has been dealt with by SCOTUS. there is a very slippery slope WRT "radiation" of in-home activities to public spaces, and it seems we need a sound logical system to approach these issues.

think of the things that connect our homes to the public. can the police do random warrantless searches on waste water connections just outside the home?

what about laser microphones? window vibration can be "seen" from public space. does that mean that police can use optical listening devices without a warrant?

Posted: 6/5/2008 12:54:36 PM EDT

[#26]

Scary, 10 dollars worth of weed and an anonymous phone call would cause someone a lot of trouble.

Posted: 6/5/2008 12:56:27 PM EDT

[#27]

Quoted:

Quoted:

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

If the K9 isn't considered equipment then what is it?

You have a reduced expectation of privacy in a motor vehicle, totally different circumstances compared to a dwelling.

K9 isn't like a thermal imager, directional antenna, binoculars etc - those are specialized pieces of equipment.

Brian

You didn't answer the question. What is a K9??

Posted: 6/5/2008 1:00:54 PM EDT

[#28]

I really wonder about people who make comments about bear traps in their front yard or shooting at police animals..I hope they make friends easily when they get to the State Prison.

Posted: 6/5/2008 1:21:34 PM EDT

[#29]

Quoted:
I really wonder about people who make comments about bear traps in their front yard or shooting at police animals..I hope they make friends easily when they get to the State Prison.

I guess they could always invite the cops in for cookies and milk.

Posted: 6/5/2008 1:37:32 PM EDT

[#30]

Quoted:
Scary, 10 dollars worth of weed and an anonymous phone call would cause someone a lot of trouble.

A call to the ATF would be worse.

Even if you are legal.

Posted: 6/5/2008 2:04:04 PM EDT

[#31]

Quoted:

Quoted:
And the people intentionally delayed until the other unit that just happens to have a dog with it are supposed to do what?

You can't be that naive.

For someone that comes across as so high & mighty you can't be that ignorant of how our legal system works.

Driver should sit back and relax all the while thinking about how their defense attorney is going to get the contraband (if any is found) suppressed based on an illegal search.

If the driver is Joe Upstanding Citizen then after all is said and done he should file complaints with the department and DA.

Brian

I've already mentioned how I feel about the legality of it. I wasn't discussing the legality of it. I was commenting on the ethics of it.

Posted: 6/5/2008 2:10:42 PM EDT

[#32]

Quoted:

Quoted:

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

If the K9 isn't considered equipment then what is it?

You have a reduced expectation of privacy in a motor vehicle, totally different circumstances compared to a dwelling.

K9 isn't like a thermal imager, directional antenna, binoculars etc - those are specialized pieces of equipment.

Brian

Because everybody has specially trained drug dogs.

Posted: 6/5/2008 2:39:55 PM EDT

[#33]

Quoted:
Scary, 10 dollars worth of weed and an anonymous phone call would cause someone a lot of trouble.

Let's pursue this for a moment.

Say my HOA and I get in a pissing contest, and the wretched bitch wife of his calls and says I have dope on my property.

Now, of course, I have none... but the K9 handler is a friend of hers (small town ) and he says "I think "Dope Sniffer Mutt III" alerted. "

I get the O-dark thirty raid, and as I am an average Arfcommer... the news has me on the morning news being led off in handcuffs with freshly soiled boxers.

The noon news has 'further developments' which has live feed of dozens of tarps on my front lawn featuring my gun, knife and ammo collection. My reloading supplies are being 'investigated' by Homeland Security to determine if any of these 'bomb making supplies were linked to terrorism', and my computer is filmed being taken from me so they can peruse my hard drive.

Later this is justified, as I had an "illegal silenced assassin weapon of choice of the Mob and Al-Quieda ", as the ATF determined that the laser engraving on one of my silencers, after careful examination by an electron microscope, was 1/100000000 too shallow to meet standards.

Now , my story may be a lot far fetched....

but think, If on an anonymous tip the cops can come to your house and do an 'exterior search' and get a warrant... are they limited to the stuff that the warrant was issued for?

No... they are going to fuck up your world, take your stuff, crucify you in the eyes of the people... and walk away.

Posted: 6/5/2008 2:49:15 PM EDT

[#34]

Quoted:

Quoted:

Dogs nose isn't specialized equipment like a thermal imager - K-9s can already sniff around a car w/o warrant as long as the t-stop doesn't take any longer than 'normal' because of the dog.

Brian

If the K9 isn't considered equipment then what is it?

You have a reduced expectation of privacy in a motor vehicle, totally different circumstances compared to a dwelling.

K9 isn't like a thermal imager, directional antenna, binoculars etc - those are specialized pieces of equipment.

Brian

You didn't answer the question. What is a K9??

The answer is, of course, that a K9 (canine) is used to augment and amplify the senses that a human does not have. In that regard it is a piece of detection equipment like the others listed above.

Posted: 6/5/2008 2:59:58 PM EDT

[#35]

Quoted:

Quoted:
Scary, 10 dollars worth of weed and an anonymous phone call would cause someone a lot of trouble.

Let's pursue this for a moment.

Say my HOA and I get in a pissing contest, and the wretched bitch wife of his calls and says I have dope on my property.

Now, of course, I have none... but the K9 handler is a friend of hers (small town ) and he says "I think "Dope Sniffer Mutt III" alerted. "

I get the O-dark thirty raid, and as I am an average Arfcommer... the news has me on the morning news being led off in handcuffs with freshly soiled boxers.

The noon news has 'further developments' which has live feed of dozens of tarps on my front lawn featuring my gun, knife and ammo collection. My reloading supplies are being 'investigated' by Homeland Security to determine if any of these 'bomb making supplies were linked to terrorism', and my computer is filmed being taken from me so they can peruse my hard drive.

Later this is justified, as I had an "illegal silenced assassin weapon of choice of the Mob and Al-Quieda ", as the ATF determined that the laser engraving on one of my silencers, after careful examination by an electron microscope, was 1/100000000 too shallow to meet standards.

Now , my story may be a lot far fetched....

but think, If on an anonymous tip the cops can come to your house and do an 'exterior search' and get a warrant... are they limited to the stuff that the warrant was issued for?

No... they are going to fuck up your world, take your stuff, crucify you in the eyes of the people... and walk away.

DAMN STRAIGHT.

If our guns ever become outlawed, I sincerely hope that every hypocrite in this thread who professes support for this inane legislation gets their guns confiscated, their dogs shot, and their lives fucked up after the JBTs use the same methods to sniff out their gunpowder.

What a travesty.

Posted: 6/5/2008 3:01:26 PM EDT

[#36]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

A dog trained to sniff drugs is a device used for searching. Dogs don't patrol on their own so it is presumed that they would be used to search.

Sniffing the air isn't a search - whether it's around your car, your person or your house.

Brian

That's bullshit. I don't care how legal it is, using a device that is sensitive to a particular item and wandering around looking for it "by chance" is disingenuous. How long before they use it on CCW holders since only LEOs can "safely" carry weapons?

Almost all of the $100 bills in circulation will test positive for cocaine; if you've got one or two in your pocket I wonder if the dog will alert.

Posted: 6/5/2008 3:03:01 PM EDT

[#37]

Quoted:

Quoted:
How is a cop w/K-9 walking up to your door any different than the UPS guy walking up to your door? It's not. Doesn't sound like the K-9 can walk the perimeter of the dwelling or go onto the property to sniff other buildings.

If a cop walks up to the front door and smells MJ is that grounds for a search warrant w/o complaints from the arfcom brigade?

Brian

Wrong. It is different. The UPS guy has a purpose for being there to fulfill the contracted service he provides. The police have no such invitation.

Then put up a fence/gate around your front yard - if UPS/Boy Scouts/Girl Scouts/Etc can 'legally' access your front door so can a cop.

Brian

The UPS guy is there because I bought something and have given implied consent for it to be delivered.
The Scouts are there to try and sell me cookies. That's not a trespass.
The cop with a dog is there only to check my compliance with the law. It's not a service I have requested or invited by any behavior I have displayed.

So which is a trespass and which isn't - have you given the Scouts implied consent, what about Jehovah's Witness?

A cop walking up to your front door is not trespassing 99.9% of the time. Heck, what if it was fireman?

Brian

Read below. The operative word is "unlawful". An illegal search by its very nature is unlawful. The Scouts, Jehovahs, meter man, etc. are not engaged in unlawful entry.

Colorado Revised Statutes:

18-4-504. Third degree criminal trespass.

(1) A person commits the crime of third degree criminal trespass if such person unlawfully enters or remains in or upon premises of another.

(2) Third degree criminal trespass is a class 1 petty offense.

Posted: 6/5/2008 5:01:28 PM EDT

[#38]

Quoted:

Quoted:
This will go the same way as using thermal images to look for grow houses. Provided it gets appealed. There is already existing precedence that will prevail here. Still an illegal search. Technically the cops have to trespass to do this. Its not like their in "hot pursuit" when they walk the pooch up to your door.

If the property isn't posted and there is no gate/fence preventing Joe Random Citizen from accessing your front door please explain how a cop would be trespassing BEFORE you ask him/her to leave?

Brian

You can acess my front door only for legitimate business with me, it ain't a public park. Wandering around my property for the purpose of a search is trespassing, and and invitation to get shot.

Posted: 6/5/2008 5:05:50 PM EDT

[#39]

Quoted:
Against.

Wait what, I thought you were all about trampling citizens rights...I don't understand...

Posted: 6/5/2008 5:06:08 PM EDT

[#40]

Just leave a bacon grease soaked sponge laying out on the front porch.

Posted: 6/5/2008 5:07:24 PM EDT

[#41]

Quoted:
Just leave a bacon grease soaked sponge laying out on the front porch.

That dog will alert seven ways from Sunday. You should never give an animal a taste for its handler.

Posted: 6/5/2008 5:12:06 PM EDT

[#42]

Quoted:
How many police dogs are trained to give false alerts?

It seems to me that a dog that has a history of false alerts can easily have his "record" completely trashed by a good attorney.

Posted: 6/5/2008 5:22:39 PM EDT

[#43]

Quoted:

Quoted:
How many police dogs are trained to give false alerts?

It seems to me that a dog that has a history of false alerts can easily have his "record" completely trashed by a good attorney.

United States v Donnelly (475 F. 3d 946 (2007) U.S. Court of Appeals Eighth Circuit

Drug dog's positive indication of presence of narcotics during drug sniff of defendant's car established probable cause to conduct warrantless search of the car; although drug dog had a record of only 54 percent accuracy for positive alerts, the dog received consistent training, he was properly certified, dog was considered reliable by prior courts.

Posted: 6/5/2008 5:24:58 PM EDT

[#44]

Quoted:

Quoted:
This will go the same way as using thermal images to look for grow houses. Provided it gets appealed. There is already existing precedence that will prevail here. Still an illegal search. Technically the cops have to trespass to do this. Its not like their in "hot pursuit" when they walk the pooch up to your door.

If the property isn't posted and there is no gate/fence preventing Joe Random Citizen from accessing your front door please explain how a cop would be trespassing BEFORE you ask him/her to leave?

Brian

You can acess my front door only for legitimate business with me, it ain't a public park. Wandering around my property for the purpose of a search is trespassing, and and invitation to get shot.

Smith v Texas (125 S. Ct. 1726 (2005) U.S. Supreme Court

The U.S. Supreme Court refused to hear this case on appeal from the State of Texas. By refusing to hear the case, the U.S. Supreme Court let the ruling from the Texas court stand:

Defendant’s privacy interests were not invaded when officer walked up the defendant’s driveway to allow drug dog to sniff defendant’s garage door, and thus drug dog sniff did not constitute improper search. Anyone approaching defendant’s house would have walked up the driveway and passed near the garage in order to reach the entrance of the house.

Drug dog did not represent an enhancement of officer’s senses. The drug dog sniff did not explore the details of the house but merely revealed the presence of contraband.

Record supporting finding that drug dog was well-trained, and thus dog sniff of the garage door did not constitute improper search. The dog was certified by a state canine association and the dog continued to be trained after certification.

Warrant to search defendant’s house was supported by probable cause when the drug dog alerted after sniffing the garage door.

Posted: 6/5/2008 5:26:30 PM EDT

[#45]

Quoted:

You didn't answer the question. What is a K9??

Apparently the K9 is an officer if you kill it and a piece of meat if an officer leaves it in a hot car to die.

Posted: 6/5/2008 5:29:08 PM EDT

[#46]

There is no War on Drugs. If this country really wanted to stop drugs it would take less than a year but they don't want too. This so called war generates billions in fines and is one of the most robust parts of our economy.

Posted: 6/5/2008 5:30:11 PM EDT

[#47]

Quoted:
If the house is my property they better have a warrant.

Though if a person lives in rental property and the owner of the property gives consent then there nothing I can do about it.

Incorrect. Thanks for playing though.

Posted: 6/5/2008 5:31:00 PM EDT

[#48]

Quoted:
Anybody remember how the Supreme Court ruled in the thermal imagining case???

That could weigh heavily on this ruling.

Here toy go

Kyollo was a crock of shit that should have gone the other way.

Posted: 6/5/2008 5:31:29 PM EDT

[#49]

Quoted:
There is no War on Drugs. If this country really wanted to stop drugs it would take less than a year but they don't want too. This so called war generates billions in fines and is one of the most robust parts of our economy.

Let me guess, your one year plan involves that Korea/Vietnam/Gulf War/Iraq/Master Parachutist/Air Assault/SF/Delta ~~poser~~ Action Hero?

Posted: 6/5/2008 5:37:04 PM EDT

[#50]

Quoted:

Quoted:
This will go the same way as using thermal images to look for grow houses. Provided it gets appealed. There is already existing precedence that will prevail here. Still an illegal search. Technically the cops have to trespass to do this. Its not like their in "hot pursuit" when they walk the pooch up to your door.

If the property isn't posted and there is no gate/fence preventing Joe Random Citizen from accessing your front door please explain how a cop would be trespassing BEFORE you ask him/her to leave?

Brian

You can acess my front door only for legitimate business with me, it ain't a public park. Wandering around my property for the purpose of a search is trespassing, and and invitation to get shot.

Smith v Texas (125 S. Ct. 1726 (2005) U.S. Supreme Court

The U.S. Supreme Court refused to hear this case on appeal from the State of Texas. By refusing to hear the case, the U.S. Supreme Court let the ruling from the Texas court stand:

Defendant’s privacy interests were not invaded when officer walked up the defendant’s driveway to allow drug dog to sniff defendant’s garage door, and thus drug dog sniff did not constitute improper search. Anyone approaching defendant’s house would have walked up the driveway and passed near the garage in order to reach the entrance of the house.

Drug dog did not represent an enhancement of officer’s senses. The drug dog sniff did not explore the details of the house but merely revealed the presence of contraband.

Record supporting finding that drug dog was well-trained, and thus dog sniff of the garage door did not constitute improper search. The dog was certified by a state canine association and the dog continued to be trained after certification.

Warrant to search defendant’s house was supported by probable cause when the drug dog alerted after sniffing the garage door.

Thanks Troubl3,

If that is the law then that is the law. I definatley don't like it and think it is a big step backward for the freedoms that have made this country great, and the erosion of which will contribute to our downfall. Maybe a future supreme court will reconsider.

[ARCHIVED THREAD] - It keeps getting worse. Trample of your rights (Page 2 of 3)

General » General Discussion

Warning

Confirm Action

About AR15.COM

Stay Connected

Newsletter

Contact Us