Don't consent to a search of your car? They'll just take it.

[Chili]

I assumed that when they summoned the drug dog that they would just tell me that it alerted them of drugs so they could search the vehicle.

And kudos for them not doing that.

I was just reading about another drug dog case where the Supreme Court specifically mentions detaining you to wait for a dog to arrive. Based on what I see, and some other mentions of it in other interpretations, they should not hold you to await the dog's arrival unless they already have reasonable suspicion that you have drugs. If the dog is present or shows during the normal time it would take to process the original stop, then they are ok. But if that time has been exceeeded, it becomes an unconstitutional search.

[roliath]

And kudos for them not doing that.

I was just reading about another drug dog case where the Supreme Court specifically mentions detaining you to wait for a dog to arrive. Based on what I see, and some other mentions of it in other interpretations, they should not hold you to await the dog's arrival unless they already have reasonable suspicion that you have drugs. If the dog is present or shows during the normal time it would take to process the original stop, then they are ok. But if that time has been exceeeded, it becomes an unconstitutional search.

Link to that?

[Chili]

Link to that?

I was in a rabbit hole, but I think it was Illinois v. Caballes.

http://www.law.cornell.edu/supct/html/03-923.ZO.html

Here, the initial seizure of respondent when he was stopped on the highway was based on probable cause, and was concededly lawful. It is nevertheless clear that a seizure that is lawful at its inception can violate the Fourth Amendment if its manner of execution unreasonably infringes interests protected by the Constitution. United States v. Jacobsen, 466 U.S. 109, 124 (1984). A seizure that is justified solely by the interest in issuing a warning ticket to the driver can become unlawful if it is prolonged beyond the time reasonably required to complete that mission. In an earlier case involving a dog sniff that occurred during an unreasonably prolonged traffic stop, the Illinois Supreme Court held that use of the dog and the subsequent discovery of contraband were the product of an unconstitutional seizure. People v. Cox, 202 Ill. 2d 462, 782 N. E. 2d 275 (2002). We may assume that a similar result would be warranted in this case if the dog sniff had been conducted while respondent was being unlawfully detained.

In this case the dog sniff wasn't considered a search because Caballes was still being lawfully detained on the traffic stop.

Also found this:

http://www.flexyourrights.org/faqs/when-can-police-use-drug-dogs/

...
What this ruling means for you

The Caballes ruling authorizes police to walk a drug dog around the vehicle during any legitimate traffic stop. If the dog signals that it smells drugs, police then have probable cause to conduct a search. However, the ruling does not allow police to detain you indefinitely until dogs arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if police can’t bring a dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect...

...Usually, the officer won’t have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the drug dog. Before the dog arrives, you have the right to determine if you can leave by asking “Officer, am I free to go?” If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches. If a dog arrives, you have the right to refuse to consent to a dog sniff, even if the officer claims you have to...

[cyclonescott]

Quote:
...
What this ruling means for you

The Caballes ruling authorizes police to walk a drug dog around the vehicle during any legitimate traffic stop. If the dog signals that it smells drugs, police then have probable cause to conduct a search. However, the ruling does not allow police to detain you indefinitely until dogs arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if police can’t bring a dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect...

I don't like the gray area here. Who is to say how long that is? Is it 10min. 15min. or 20 min.

[Chili]

Quote:
...
What this ruling means for you

The Caballes ruling authorizes police to walk a drug dog around the vehicle during any legitimate traffic stop. If the dog signals that it smells drugs, police then have probable cause to conduct a search. However, the ruling does not allow police to detain you indefinitely until dogs arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if police can’t bring a dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect...

I don't like the gray area here. Who is to say how long that is? Is it 10min. 15min. or 20 min.

The Cornell link also states:

In the state-court proceedings, however, the judges carefully reviewed the details of Officer Gillette’s conversations with respondent and the precise timing of his radio transmissions to the dispatcher to determine whether he had improperly extended the duration of the stop to enable the dog sniff to occur. We have not recounted those details because we accept the state court’s conclusion that the duration of the stop in this case was entirely justified by the traffic offense and the ordinary inquiries incident to such a stop.

Of course the grey area sucks.. But at least there is some basis to challenge the search / seizure. The key, IMO, would be to be sure you clearly communicate that you do not consent to the search and ask if you are free to leave. Like "they" always say, you may beat the wrap, but you won't beat the ride.

[David]

Every cop thinks they're a narcotics expert or DWI pro.

[Broncojohnny]

This thread is just another great example of an adult baby wearing a badge who gets his feelings hurt.

[jewozzy]

File a formal complaint?

I was almost tased by FWPD on 9/19. I'll go into more detail later.

Kinda curious how one is "almost" tased?

[DON SVO]

Kinda curious how one is "almost" tased?

Would it be fair to say, if you were burglarizing my car and I caught you in the act, I had my pistol trained on your forehead and said "if you move before the cops arrive I will fucking kill you" that you were almost shot in the head for burglarizing my car?

[talisman]

Would it be fair to say, if you were burglarizing my car and I caught you in the act, I had my pistol trained on your forehead and said "if you move before the cops arrive I will fucking kill you" that you were almost shot in the head for burglarizing my car?

Where did you get those magnificent powers of deduction? My god, you've been hiding a goddamn crystal ball from us all this time! lol @ his question.

[DON SVO]

Where did you get those magnificent powers of deduction? My god, you've been hiding a goddamn crystal ball from us all this time! lol @ his question.

Ehhh. It just comes to me. Like a white horse riding out of a fog.

[Sean88gt]

Kinda curious how one is "almost" tased?

As in, he began to pull his taser from his holster while telling me I needed to chill out and go back to my property or we'd have issues, because I told him he was a failure at his job and if he refused to do said job, I would.

[talisman]

Where's the story at, asshole?

[jefehbk]

This thread is just one big tease

[racrguy]

This thread is just one big tease

No shit. It's like the rub without the tug.