Supreme Court: Police Dogs are Allowed To Sniff Your Car Without Probable Cause
Saturday, January 29, 2005 at 04:25AM
TheSpook
The Supreme Court ruled Monday that police can have dogs check out
motorists' vehicles for drugs even if officers have no particular
reason to suspect illegal activity. The 6-2 opinion, written by Justice
John Paul Stevens, stipulates police dogs may sniff only the outside of
a car after a motorist is lawfully stopped for a traffic violation,
such as speeding or failing to stop at a stop sign. But privacy rights
advocates said the ruling would lead to far more traffic stops as a way
to find drugs. They also warned that the decision could open the door
to more expansive searches, from sniffs inside the vehicle to checks of
cars parked along sidewalks and pedestrians on the street. Before
Monday's ruling, the Supreme Court had authorized drug dogs primarily
to sniff luggage at airports. "The use of dogs is intimidating," said
Harvey Grossman, an attorney with the American Civil Liberties Union in
Chicago. "Thousands of motorists have called complaining about suddenly
finding their cars surrounded by policemen and drug dogs. Now no one is
safe from this major intrusion into our lives." The case involves Roy
Caballes, who was stopped by Illinois police in 1998 for driving 6 mph
over the speed limit. Although Caballes lawfully produced his driver's
license, troopers brought over a drug dog after noticing air freshener
in the car and noting Caballes appeared nervous. The dog indicated
drugs were in the trunk, and police searched it even though Caballes
refused to give permission. They found $250,000 worth of marijuana, and
Caballes was convicted of drug trafficking. [more]
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