PDA

View Full Version : Dogs



zooted999
11-17-2005, 10:30 AM
Here's something I'm not 100% on. I understand that if I get pulled over and there's pot in the trunk, so long as I'm clear eyed, the car doesn't smell and you talk politely and choose to not to consent to a warrantless search, then the police cannot search your car.

But I constantly see threads in which people mention that whenever they have decided to not consent, dogs were called.

Isn't that still a warrantless search? And if so, whatever they DO find, so long as you specifically delineated that you refuse to consent to a warrantless search, cannot be held against you in court.

Am I right, or is there something I'm missing here?

lemonboy
11-17-2005, 05:57 PM
It all depends on the situation, the cop's grasp of the law (i.e: how bored they are that day), and how obviously educated you are about your own rights.

If you are not under arrest, there is no probable cause, and yet a cop is telling you he is calling a drug dog in... technically you can politely tell him you'll be leaving. I think a lot of the time people make the mistake of waiting around for the dog to get there. Depending on how the law is read that could be considered consent to search although I doubt your officer will take the time to explain that to you.

There is a lot of information about this in NORMLâ??s various "know your rights" pamphlets. Google!

SmokyTreats
11-18-2005, 09:43 PM
I know here in Michigan, if you refuse a request to search, they will detain you, (tell you to stay here) and then call in the dog. They will have the dog walk around the perimeter of your vehicle, alas, not violating your right to refuse a search. If the dog picks up a scent, they then have probable cause to search your vehicle, without your consent. NORML fails to inform you of this. I know, I've been there. You can not just leave the situation, if your pulled over, unless they tell you, to move along. You need to ask them, "Am I being arrested, or otherwise detained?" If they say no, then you are free to leave. But the police CAN detain you untill their dog arrives, and their dog picking up a scent is probable cause. Your best bet, is if you have weed on you, hide it well, and consent to a search, and hope your hiding spot is better then the cops ability to find things. If they call a dog, and you have weed, your busted 9 times out of 10. Course if you have no weed, and they want to serch tell them no. And make them call the dog for no reason. But this is only from my experiance here in Michigan. They are more concerned with pot then gang activity.

Tholiak
11-18-2005, 10:13 PM
Supreme Court ruled tthat police can use dogs to search the outside of a car without a warrant, and if the dog gets a hit, they can then search your car. If a cop is waiting for a warrant, YOU CAN NOT LEAVE, dont listen to the retard above. The NORMLâ??s know your rights list is out of date laws, most time wrong information.

Usually, if you have a small ammount on you when you get busted, the cop will let you go, but after he has either A: Took the weed for himself or B:Made you stomp your weed into the ground, he doesnt wana be doing paperwork

motorcycletony222
11-21-2005, 10:04 PM
The leaving part is right. The po po's have fifteen minutes in order to produce a warrant, at the end of that time you are free to go. The officer will do all in his power to stop you, even violating your civil rights. He knows that you are a dumbass and will take a plea when you get your time in court. 95% of the people in prison agreed beforehand to go. If everyone fought their charges the court system would come to a stop. By the way, the K-9 is considered a person in the courts eyes, do battle with a dog and be charged with assault on a officer. Know your rights and be prepared for a legal battle and dont take a plea bargin.

emg
11-22-2005, 10:34 AM
according to the new patriot act, a cop can go into your house without you even knowing, steal your shit and bounce. and if you don't let the cop search your car, then he'll book your ass for insubordination.

motorcycletony222
11-22-2005, 11:07 AM
Thats right and they can confiscate your property and not even charge you with a crime. Speaking from experience, the po po's can and will do what ever they want, they will steal your shit, lie to all your friends and the jury and if they can get away with it they will beat you senseless. Your best bet is to bribe. What the hell your going to the joint away. Always carry a few hundred dollar bills just for this special event.

Big.M
11-30-2005, 02:22 AM
Local city police cannot come into your home without a warrant . The feds DEA,FBI can come into your house without a warrant . Under the patriot act the feds can break into your house too snoop around , make it look like a burglary and not notify you. Keep in mind they can confiscate your computer,And not tell you , plant a bug in your house, or phone under the guise of the patriot act. Something we all should be very concerned about.

Big.M
11-30-2005, 02:33 AM
The patriot act is on hold for now , It is dead in the water December 15 I believe .Lets hope that they keep stalling the extention of it.

motorcycletony222
12-01-2005, 07:34 AM
Local police officers can enter any house without a search warrant, under the guise of domestic violence. If they think that someone is in trouble, they can and will break down the door. If they find not violence but spy a fat sack, they will call for back up and go get a warrant from the nearest magistrate.