Dogs: A Search vs. a Sniff
What makes you more likely the target of a drug cop on the Interstate? Texas Officer Tracey Freeman says,
[he]targets the drivers who go 5 mph over the speed limit, or who change lanes without signaling first. He checks to see if people's license plates are lighted, or whether they're wearing seatbelts.
So where do the dogs come in?
After stopping a car for a minor violation, Freeman, Gregg County's crime interdiction officer, walks up to the front passenger's window. He checks insurance and driver's license, studies the car's occupants to see if they're nervous, and he smells for marijuana. He introduces himself and asks where they're headed.
If Freeman thinks they're hauling drugs, he'll ask to search the car. In three years fewer than 10 people have refused. But if they do, or if he can't find anything and is still suspicious, he brings in Luctor the drug dog.
The Supreme Court is set to deliver a decision on drug dogs this term.
Though Freeman says he doesn't use Luctor unless he's seen indicators of illegal activity, some law officers use drug dogs during routine traffic stops. That practice is before the Supreme Court, and justices will decide whether people who have given police no reason to suspect illegal activity have a constitutional protection against dog searches.
At issue:
The Supreme Court has tried in recent years to better define people's right to be left alone in their homes and vehicles. In this case, it must clarify earlier opinions that found that the use of drug-sniffing dogs is not necessarily a search that falls under the Fourth Amendment ban on unreasonable searches or seizures.
"A sniff is not a search," Illinois Attorney General Lisa Madigan told the justices. Chicago attorney Ralph Meczyk, representing Caballes, countered: "It is accusatory. It is profoundly embarrassing."
Justice Souter got it right at the oral argument:
"We're opening a large vista for dog intrusion," he said, adding that he was worried about officers canvassing garages and neighborhoods with animals. Police "can take a dog to a front door and ring the bell and see what happens."
Just like they do in "knock and talks." I can picture it now, my first Motion To Suppress Knock and Sniff.
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