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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.
Quote:
Originally Posted by DC at the Ridge
I think you are misinterpreting this ruling.
They can search your car with a dog alert.
They can't detain you while waiting for a search dog.
Yes, I agree with you... I just wrote up my summary badly -- corrected.
Last edited by blktoptrvl; 04-22-2015 at 08:42 AM..
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.
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.
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.
.
Yahoo!!!!!!! One small step toward freedom to travel about the country. Now we just get the whole illegal checkpoints activity declared unconstitutional.
Don't expect the ruling to be heeded in many of the southern states, heh.
Or in the Northern states.
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