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December 2011
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And the execrable Caballes v. Illinois marches on

As many of you know, I find the decision written by Justice Stevens in Caballes v. Illinois to have the jurisprudential value of the what comes out of the other end of the sniffer in question.

At the time, some of the more level-headed realized that this was a potential future nightmare, with police using dogs to sniff around parked cars, and even homes. Yep. That’s what they want to do in Florida.

Scott Greenfield’s Simple Justice has an excellent post: A Sniff Too Far that also contains reactions from Orin Kerr at Volokh.

[Kerr] The question is, does the Caballes rule apply when the dog is brought to the front door of a home rather than a car? A divided Florida Supreme Court ruled in Jardines v. State that Caballes does not apply and that probable cause is required to bring the dog up to the home for a sniff.

[Greenfield] Florida is seeking cert, so this may come before the Supremes. While most of us would hope that if the Supreme Court grabs hold of this case, it would use it to backdoor out of Caballes on the basis of dog sniffs being unworthy of constituting probable cause.

It certainly would be nice to think that, particularly armed with the new studies regarding the unreliability of dog sniffs, a new case at the Supremes would make them reconsider and throw away Caballes (Stevens is gone, after all).

On the other hand, if the Supremes continue to follow the drug war exception to the Bill of Rights, we could soon be faced with an army of cops with dogs going door to door, knocking on doors to helpfully ask if everything’s OK or whether there’s been any suspicious activity in the neighborhood, inevitably followed by “What’s that, Fido? You say you smell some marijuana residue?”

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14 comments to And the execrable Caballes v. Illinois marches on

  • Duncan20903

    .
    .
    It is a new SCOTUS from 2005. I’m on record here saying that I think that the Roberts Court is going to take this thing (WOsD) in a different direction. If they take it and reverse everyone can razz me mercilessly. If they fulfill Pete’s fantasy above though you’ll all need to worship me as if I were a superior life form.

    If they reverse I’m making oil, starting to pick homes at random and dropping the dime. I’m tired of the bullshit.

    • darkcycle

      I’m not so optimistic. I looks at the Roberts court and I sees a different animal than you do. You seem to think it’s a pheonix,… looks more like a weasel to me.

    • claygooding

      I already worship you Duncan and Pete too.

  • Lt.Acmeer

    why can’t citizens just mind their own business,It’s the american way.and So what if dog sniffs are not very acurate.They pervide LEO’s a valuable tool.at stoping gang banging,drug dealer,losers who’ve discented from america’s true core values. they’re a fucking burden.and police should be given open arms welcome into peoples homes.If you detest the police entering your home then,your just guilty.plain and simple,Yah dig.why would a normal law abiding ciziten,have a problem with the cops coming into make sure your safe. Drug Users don’t quolify for the constution.they’ve done raped and voliated everyone elses the day they choose to try drugs. Socitys done the best to keep them from trying ,but they acted stubbern and foolish.so they deserve death and only death,until we cleanse this nation from their sick poison,everyone must put up with this.Why you may ask? it’s simple and locgical ,becouse it’s the american thing to do.We have to keep each others safe…. just the other day i was talking to these kids playing basketball,then a week later i noticed in the paper one of the boys killed himself becouse he smoked some pot he stole from his older brother.Don’t worrie the brother and parents are in jail,for the murder of that dear child,they failed to protect.thats why we need the state and federal government to be invovled at All times. thanks and god bless

    • darkcycle

      How you been, Wiggles? Back to your old tricks, I see.

      • wiggles

        humm figured me fast…lol.i like to troll around sometimes.helps makes things more interesting ,and comical.gives petes couch one of them blow up clown punching bag.

        • darkcycle

          What can I say. You’ve got a certain style, Wiggle. Like Jay…without a silent Bob.

        • darkcycle

          ..honestly, Wiggles, I had pegged who you were from your very first post. I just ain’t said nuthin’. Figgered you might wanna come back under your own name sometime, and it’s not for me to say. Hope you had a happy holiday.

  • Ed Dunkle

    Scalia will do whatever the Pope tells him to do.

    • Duncan20903

      .
      .
      You’re living in the ’50s Ed. Nowadays da Pope got about as much power over the flock as the Queen of England has over British subjects. The Pope does have a much cooler car. Only a select few get to ride around in eponymobiles.

  • Duncan20903

    .
    .
    In futile car search for drugs, Pompton Lakes police inflict $12K worth of damage

    /snip/
    From inside Agosto’s cruiser, Richardson watched a drug-sniffing dog scratch at the BMW’s trunk, indicating the presence of narcotics, according to the report. Police obtained a search warrant and Richardson’s car was impounded, the reports said.

    Four days later, at an impound lot, police conducted another search of the vehicle, according to police reports. A second dog was used, but this canine scratched at the dashboard, not the trunk, the reports said.

    Unable to find the source of the drug scent, police called in a “trap expert” to see if marijuana was hidden in a secret compartment inside the vehicle. Nothing was found. With the car now partially disassembled and unable to be driven, Pompton Lakes police contacted New York City Detective Ellen Friedman, an expert in concealed drug compartments who is part of a Drug Enforcement Administration task force, the reports said.

    On Sept. 28, Friedman searched the car and found nothing, but told police that at one time it may have been used as a drug transport in the past, according to the reports. Richardson denied that allegation.
    /snip/

    …and so it goes.

    • darkcycle

      Nice…it all would have gone away if he had taken the $$ the department offered him, but he turned the claim in to his insurance company….THAT turned this from routine into an internal investigation. Word: If they destroy your car in a search, claim it on your insurance!! Don’t take their money!

  • warren

    Everytime I see a pig with a four leg turd factory the only thing that comes to mind is nazi germany.

  • Dante

    Warrentless door-to-door doggie searches?

    Yet another reason why We The People absolutely, positively hate the police. They are a criminal gang with excellent retirement benefits.

    One day, when an officer needs help and nobody lifts a finger (and in fact cheer his misfortune), this type of policy will be the reason.