sundaydriver

In Monroe County, Pennsylvania several years back there was a County Sheriff that would stop cars on rt 80 for a visible AIR FRESHER.

His stated reason was that if your car had an AIR FRESHNER it was only to hide the smell of drugs. rt. 80 is a major drug corrider from NYC.

But he stopped the wrong people in their 60's who took him to court for cease and desist.

But ohh yeah, they will have a reason if they want one.

khibbets

iTrader: (1)

I don't think anyone on here said that. What was said is that a cop has the right to walk his dog around the outside of any car they stop. And if that dog alerts on that car, that gives the cop PC to search your car. That's it.

DSIM

iTrader: (1)

Yes but the dog is a cop. What is the PC for having the dog walk around the car? When the dog goes around the vehicle it is effectively searching the inside of the vehcle with its powerful sense of smell.

stoverz28

iTrader: (8)

It didn't look like the dog alerted to me in that video. This is a clear abuse of powers if you ask me. If the dog alerted like the cops say then they would have conducted a more thorough search themselves and would have turned up some evidence which clearly didn't happen. The cop stopped at the guys open window when walking around the car with the dog like he wanted the dog to jump in w/o command.

Those dogs are considered officers so by the book an officer entered this guys car w/o permission and something needs to be done about that. If we allow this **** to happen then eventually things like this (abuse of police power) will just get more and more out of hand.

khibbets

iTrader: (1)

Well, the actual officer has the right to walk up to the car and even walk around it, agreed? The answer is yes. And some people, therefore officers also, have a better sense of smell than others, agreed? Again yes. And in case someone didn't know, if an officer smells the odor of any drug/narcotic as he stands outside a car, that is PC for a search. So since the dog is an officer, he can walk around the car and if b/c of his better sense of smell he alerts....bam PC.

Now yes, the dog going in the car is a whole other discusion.

stoverz28

iTrader: (8)

It didn't look to me like that dog alerted... but Im no expert.

BigSteele

iTrader: (17)

I didnt watch the video but,
why would you want them to search your car if they should have no reason to?
Do you think a police officer will shake your hand after they get done wasting your time and find nothing?

BigSteele

iTrader: (17)

An officer can bring a police dog around your car and from what Ive heard they can bark if they want them to, which gives the right to search.

edit- I watched the video and you have to be very careful with what you answer to a search request. I think the driver was prefectly clear though in this case.

Burninator

I agree. If the cop just WANTS to be a dick and search your car he will make every effort. Thank god he has to answer to someone and is not the last say. So when you call and complain against him or write a written complaint against him there will be some kind of consequence for what he has done.

B-RAD2

Ok so here is the deal. So a police officer can walk his dog around any car at anytime cause there is no invasion of privacy... but however at the point that the dog went into the car is wrong. If the dog had shown anykind of interest or what us Dog Handlers call it "Change of behavior" without coming to a final respone and most of the time that is a sit or a stop and stare. They would have had there Probable Cause to search the vehicle.

Whats funny is the 2nd time the officer brings his k-9 by the drivers window you hear him say something then the dog jumps into the vehicle. I can't make out what he says

Duffster

iTrader: (103)

Alright. Watched the video and I don't see at any point where the kid didn't cooperate. I saw he was a little weird about holding the trash from his snickers or whatever, and I saw what I feel is an invasion of his privacy and reckless disregard for his personal information by the PD. His car should not have been sniffed by the dog for any visible reason and sure as hell shouldn't have been entered by the dog. LAWSUIT FREAKIN EXTREME!!!

96ta

my biggest problem is that when they search your vehicle they arent liable for anything they **** up or break. thats my issue with it i dont have a dog and if i did the dog sure as hell wouldnt ride in the TA so why would i let fido sniff around in my car?

rooster99ss

iTrader: (8)

man, i was kinda thinking the cop may have been in the wrong until i watched the video. that kid was acting screwy right from the start on the stop and that would have raised supiscions in any police officer IMO. he didn't have his info straight on his license, he had an expired insp sticker, he acted shady in the gas station (probably knew the cop had seen his sticker and was trying to avoid him, but there was nothing he could do), to me he was acting somewhat indignant on the stop with the ice cream stunt and constantly bugging the cop while he was trying to write the citation.

to me, i could tell 2 things:

1.) there's very good odds that the kid is a screw up and probably got lucky that night that he didn't have anything in the car

2.) the kid felt like he shouldn't have to go through that stuff because his dad is a cop

DSIM

iTrader: (1)

At what point does the officer have PC to do a walk around? If the stop is for a inspection sticker how is that PC to do a walk around? When the officer is standing at your window he/she can clearly see inside the vehicle and has the power to establish PC at that moment. If he is standing at the open window and he smells the dope then yes, PC is established. In this case the officer didnt smell any odors so he went for his search tool*. Obvously the officer didnt smell anything funny when he was standing at the kids window or that would have merrited a search, and if enough PC was established he should have called in for a supervisor to obtain said search warrant.

*I see the dog as a search tool and as such the officer should have PC for letting the pooch out of his own car. If the officer has enough PC to warrant the dog being out of the car he should have been able to search the vehicle himself, correct?



I think this quote applies to the situation....

“When the government fears the people, there is liberty. When the people fear the government, there is tyranny.” –Thomas Jefferson

B-RAD2

Ok so just cause the officer didn't smell anything doesn't mean that there was nothing in the car. If officers can smell out drugs then there would be no need for dogs. The purpose of a dog is to establish PC.

Duffster

iTrader: (103)

but he didn't state a reason for PC. He asked to inspect and the kid said no. Sounds pretty clear to me.

B-RAD2

But like i just said before the pupose of a drug dog is not to actually find the drugs. It's to establish PC.

khibbets

iTrader: (1)

I know how this is going to sound....and I promise that I don't mean to sound like a dick, but.......You clearly DO NOT know the law so I'm not going to debate it with you. It doesn't matter whether you agree with it or not, any cop can walk around your car period.

stoverz28

iTrader: (8)

You are right it is just to establish PC, so that an officer can lawfully enter his car w/o consent. Thats not the case here. Watch the video, it looks like the cop pauses w/ the dog at the open window, as if to say "hop in and look around fido." Entering vehicles w/o consent or a warrant is not what those dogs are for, they are simply a tool to obtain a warrant to gain entry.

SSwt00SS

iTrader: (18)

asking to search a vehicle because of an expired registration tag does not warrent asking for avehicle search. the owner of the vehicle said no and appeared to do nothing suggesting 'probable or suspicious' behavior...

AT NO POINT, should a K9 dog been used to search the vehicle after an owner has said "no" to a vehicle search. that is a direct violation of the owners 4th admendment rights. HAD something been found, it constitutes illegal search and seizure and would be dismissed if the case had gone to trial.

ONLY AFTER the kid said his father was a cop did, the officers involved go on their power trip and badge abusing powers...

I personally have told a Texas State Trooper that he could not search my vehicle last July after I was stopped outside of Gainesville, TX because I had no front plate. That is a secondary violation that warrents no search of my car. He asked, I said "NO", and it was dropped...

Know your rights or lose them. All the prior posts of being saying it was right, fair and legal, obviously do not know their rights and seem to be ok with it. That's very sad and disturbing...