Question:
Can police use drug dogs on an entire parking lot?
Clark
2011-12-06 19:42:07 UTC
I really should be working on my English paper, so I'll make this quick. First a preface: I don't do drugs, but I have always been interested in the concept of probable cause and legal/illegal searches and seizures by the police, and something today piqued my interest. Anyway, I heard today that the police were at the dorm building I live in, and used the drug dogs to sniff out cars in the parking lot. As far as I know they weren't going to any specific vehicle, they were going at random. I assume someone had seen someone out in the parking lot smoking marijuana or the like and reported it to the police, so they just decided to check out all cars in the parking lot.

What I am curious about is whether or not that is probable cause--i.e. if they found marijuana in someone's car based on the drug dog's finding, what was their probable cause for bringing the dog to the car in the first place? This is assuming they weren't targeting a specific vehicle that had been reported by someone for seeing the occupants smoking in it. If the same vehicle had been pulled over on the side of the road, the only way the police could search it is if they saw something to indicate that the owner was carrying an illegal substance. If there was no external evidence of that on the car in the parking lot, were they within their rights to have the dogs go up to random cars without their owners' consent and sniff them out? Would this be considered the same thing as a random roadside search, such as those done at roadblocks? But even then, I know people who have run into these and the police do not search the car unless they have a probable cause to do so.

I know that probable cause is a vague section of the law, and maybe that's why I find it so interesting--there are so many possible interpretations of it. Anyway, I gotta get back to my paper now but I thought I'd throw this question out there for anyone interested in answering.

Thanks!
Seven answers:
Bruce
2011-12-06 20:07:41 UTC
You have a much lesser expectation of privacy in a parking lot, and you have no expectation of privacy in the air surrounding your vehicle. Therefore, you can randomly use a dog in any place open to the public.



If the dog alerts, that becomes probable cause to continue the search to the interior of the vehicle.
q S
2011-12-06 19:50:00 UTC
In my state the police can utilize bomb or drug sniffing dogs in any public area (it is very very rare for a dog to be trained on both). Along the border they even have dogs trained to sniff fruit and vegetables - which could be contaminated with fruit flies. Apparently they even have dogs that are trained to sniff skin cancer???



When a bomb or drug detecting dog indicates the presence of whatever they are trained to detect that indication is sufficient probable cause for the officer to take the next step.



A good definition of probable cause is that based on the officer's past training and experiences their observations make them more certain than not (51% sure) that there is contraband in the vehicle. In some jurisdictions the officer still applies for a warrant (usually by phone) before searching the vehicle. However, this is not common practice in my state. Probable Cause used with the "motor vehicle exception" case listed below is why many officers are authorized to search a car without a warrant if they have probable cause. Obviously this exception doesn't generally apply to dwellings which have a higher standard of protection.



The Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.



Remember, for an officer to initiate a traffic stop they only need "reasonable suspicion". They need the higher legal threshold of probable cause to issue a ticket or make an arrest.
hice
2016-11-10 12:44:42 UTC
All you needed became a leap commence if the van does no longer crank up on that is own ...the batter will recharge itself ... i'm functional if you're a common football mom , you've both street part information of a few variety , or AAA ... it truly is compared to you go with a clean battery ... not in any respect the a lot less , it would want to were worse , what in the experience that that they had keen to impound the van for an really thorough forensics/ hint info search for ..then you honestly might want to have a towing bill , plus an really lengthy wait , ....How lengthy did the search take , I have left my doorways open with interior light fixtures on for 3 hours , and it became positive , if it became like 0.5-hour , then you honestly battery or alternator became starting up to malfunction besides ..and that could want to be a mechanical concern with the vehicle , no longer the police .. yet another ingredient that could want to were worse might want to be to get searched by employing the Feds ..I have considered them take the seats and carpet out , and rip off door panels , locate no longer some thing , and say " you're loose to pass" ...they do no longer ought to placed the vehicle lower back mutually ..... I advise having your alternator checked to make functional it truly is charging the battery properly , if so , then you honestly want a battery because it isn't preserving a charge , you are able to examine the alternator your self , at the same time as the vehicle is operating , get rid of the functional battery cable , if the vehicle keeps to run oftentimes , the alternator is positive ...meaning time for a clean battery ..
ss27
2011-12-06 20:03:40 UTC
The use of drug dogs has been determined by the Supreme Court to not be a search. So they can use drug dogs even without the existence of probable cause.
?
2017-02-15 08:54:35 UTC
If you’re thinking you want to start training your dog properly, but aren’t sure how, then you’re in the right place. Learn more http://OnlineDogTraining.enle.info/?25Mt



The thing about proper dog training is that the more you know, the more you can use towards training your dog. If you have gotten a new dog or puppy, you should work on training them right away. If they are going to be indoor dogs, you can start crate training them . This prevents bathroom accidents or your items being chewed on. Start off with the right sized crate, so that they have enough room in the crate to move around a bit.



If you are trying to crate train your dog or puppy you must understand that you can not expect them to be able to hold their bladders for extremely long periods. You must provide times for them to go to the bathroom. They don’t want to go in their special place. So it is up to you to take care of them. If they have a accident don’t get mad at them, it wasn’t their fault it was yours.



When teaching your dog discipline, regardless of what training method you use, you should always apply it with speed and consistency. Not correcting your dog for bad behavior every single time, sends him mixed signals that may only make the problem worse. Likewise, not correcting your dog immediately, may make it hard for him to understand why you are punishing him.
2011-12-06 19:42:38 UTC
probably yes
2011-12-06 21:12:35 UTC
yes


This content was originally posted on Y! Answers, a Q&A website that shut down in 2021.
Loading...