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Yahoo!!!!!!! One small step toward freedom to travel about the country. Now we just get the whole illegal checkpoints activity declared unconstitutional.
time indeed for the cops too have it handed to them. for far too long have been thugs screwing the constitution
The Supreme court has decided that cops DO NOT have the right to delay you in order to search your car with a dog alert on a simple traffic stop. (Read for details).
This bad practice had opened the door to illegal searches by police that ended in arrests or forfeiture of your property. This won't solve all problems, but it is a step in the right direction.
1. Absent reasonable suspicion, police extension of a traffic stop in order to conduct a dog sniff violates the Constitution’s shield against unreasonable seizures. A routine traffic stop is more like a brief stop under Terry v. Ohio, 392 U. S. 1, than an arrest, see, e.g., Arizona v. Johnson, 555 U. S. 323, 330. Its tolerable duration is determined by the seizure’s “mission,” which is to address the traffic violation that warranted the stop, Illinois v. Caballes, 543 U. S. 405, 407 and attend to related safety concerns. Authority for the seizure ends when tasks tied to the traffic infraction are—or reasonably should have been completed. The Fourth Amendment may tolerate certain unrelated investigations that do not lengthen the roadside detention, Johnson, 555 U. S., at 327–328 (questioning); Caballes, 543 U. S., at 406, 408 (dog sniff), but a traffic stop “become[s] unlawful if it is prolonged beyond the time reasonably required to complete th[e] mission” of issuing a warning ticket, id., at 407.
Yes, I agree with you... I just wrote up my summary badly -- corrected.
The jack booted thugs will find away around this and continue to violate our rights at will without being held accountable.
And I will calmly accept my ticket. Go to court, and show the video of said cop doing this, I will also post it to you tube for fun. And file a civil case.
Let me know how that ends for the cop.
Cheap always on hidden cameras have came down in price a ton. Yes on one of my 2 vehicles this covers the back view.
Good for you. Video is probably the most powerful weapon we have to fight LE abuse of power.
Remember folks, we're the ones who put those in power that hire the cops to enforce their laws, which in fact has become so numerous, and therefore instead of focusing on real crimes they are also "revenue generators!" If we the people would consider voting for those who champion individual liberties and freedoms on all levels of government instead of voting for the status quo, under the guise of "getting tough on crime" where by doing so we are essentially trading our individual liberties for more security, then perhaps it wouldn't have gone this far so as to come to a vote in the Supreme Court!
Remember folks, we're the ones who put those in power that hire the cops to enforce their laws, which in fact has become so numerous, and therefore instead of focusing on real crimes they are also "revenue generators!" If we the people would consider voting for those who champion individual liberties and freedoms on all levels of government instead of voting for the status quo, under the guise of "getting tough on crime" where by doing so we are essentially trading our individual liberties for more security, then perhaps it wouldn't have gone this far so as to come to a vote in the Supreme Court!
All of the programs that so many advocate for have to be paid for somehow. People can't argue for the government to take care of all of their needs and then complain when they come collecting for it.
All of the programs that so many advocate for have to be paid for somehow. People can't argue for the government to take care of all of their needs and then complain when they come collecting for it.
Do you or do you not agree though that the cops more and more have become revenue generators? Do you agree or not agree that there are too many unnecessary laws on the books on all levels of government? Not flaming, so please don't take it as such, because I know that you and I find common ground on a lot of issues.
How about this? The Cleveland suburb that I work in, it has been told by a co-worker that the cops here are notorious for and it is common practice to ask to search your vehicle during a minor traffic stop! It used to be back in the day "Good day. I stopped you because______" Now it's "I stopped you because_______." Followed by "where are you going?" "Do you have any drugs or weapons in the vehicle?" "Have you ever been arrested?" "You seem nervous, do you mind if we have a look in your vehicle?" WTF is this NAZI Germany?
Do you or do you not agree though that the cops more and more have become revenue generators? Do you agree or not agree that there are too many unnecessary laws on the books on all levels of government? Not flaming, so please don't take it as such, because I know that you and I find common ground on a lot of issues.
How about this? The Cleveland suburb that I work in, it has been told by a co-worker that the cops here are notorious for and it is common practice to ask to search your vehicle during a minor traffic stop! It used to be back in the day "Good day. I stopped you because______" Now it's "I stopped you because_______." Followed by "where are you going?" "Do you have any drugs or weapons in the vehicle?" "Have you ever been arrested?" "You seem nervous, do you mind if we have a look in your vehicle?" WTF is this NAZI Germany?
Of course if you decline to answer those questions or refuse to consent to a search, as our rights allow, that then translates into instant probable cause in the officer's view to do as they please. "Why refuse a search if you have nothing to hide" is a common tactic by the jack booted thugs to get people to consent. It's important to know and assert your rights.
Dog handlers can accidentally cue alerts from their dogs by leading them too slowly or too many times around a vehicle,...
Yea, let's just call it what is is... in many cases a lie perpetrated via the dog in order to search.
I believe the cops most likely "trigger" the alerts themselves. The good thing that may come out of the "accidental/false" alerts is that some lawyer should be able to get a case thrown out because statistics show, these "accidental/triggered" alerts are not reliable.
Basically they're saying when there's no probable cause for a search, the officer can't delay the driver until a Police sniffing dog comes. So if your pulled over for speeding lets say, the officer can't continue to question you and delay you leaving while he calls for backup to search your vehicle.
That's my interpetation.
GT.. you are essentially correct
Which is already our policy.. and always has been
We dont use dogs for "fishing expeditions" we have to have articulate probable cause for detention and use of K9 to add to that PC... mere suspicions.. nope... but anyone worth their salt is going to develop solid pc anyway
Example.. easy one
I see you drive out of a farm late at night that I know grows... so far mere suspicion... no dog allowed
Then I stop you for a taillight out.. happens everyday... easy peasey..
Approach to converse with you gaining documents... easy peasey
While there and upon approach smell the strong odor of marijuana emanating from the trunk
(In court defense counsel grills me on voir dire... how did I know it was MJ and not oregano kind of stuff)
You do or dont consent.. you are now detained and not free to leave
Dog comes.. alerts to trunk.. adding to PC
I do or dont get a search warrant based upon consent.. end result the same.. seize contents as evidence of the crime (which supports my future voir dire)
Mucho MJ in the trunk.. enough for sales..packaging.. money... evidence of sales etc
Off we go Louie.. its hoosegow time...
Sixty minutes to book and be done with paperwork... we write in our cars... off for more fish.. legally caught
This ruling doesn't effect us in anyway.. might have effected some podunk PD on fishing expeditions .. they should have known better anyway... no issue being above board...
Dogs properly trained are VERY good at alerting for what they have been trained for... but only after quality training and field time
We dont use dogs for "fishing expeditions" we have to have articulate probable cause for detention and use of K9 to add to that PC... mere suspicions.. nope... but anyone worth their salt is going to develop solid pc anyway
Example.. easy one
I see you drive out of a farm late at night that I know grows... so far mere suspicion... no dog allowed
Then I stop you for a taillight out.. happens everyday... easy peasey..
Approach to converse with you gaining documents... easy peasey
While there and upon approach smell the strong odor of marijuana emanating from the trunk
(In court defense counsel grills me on voir dire... how did I know it was MJ and not oregano kind of stuff)
You do or dont consent.. you are now detained and not free to leave
Dog comes.. alerts to trunk.. adding to PC
I do or dont get a search warrant based upon consent.. end result the same.. seize contents as evidence of the crime (which supports my future voir dire)
Mucho MJ in the trunk.. enough for sales..packaging.. money... evidence of sales etc
Off we go Louie.. its hoosegow time...
Sixty minutes to book and be done with paperwork... we write in our cars... off for more fish.. legally caught
This ruling doesn't effect us in anyway.. might have effected some podunk PD on fishing expeditions .. they should have known better anyway... no issue being above board...
Dogs properly trained are VERY good at alerting for what they have been trained for... but only after quality training and field time
You coppers have more fables than Aesop.
Then I stop you illegally for no good reason, proceed to lie to you to get you to submit, and then violate your rights at will..happens everyday... easy peasey..
There ya go. FIFY..easy peasy
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