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Thread: Federal Court Says Every Drug Dog In Utah Is Unreliable

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    Federal Court Says Every Drug Dog In Utah Is Unreliable

    For as long as people have been driving, cops have been imagining reasons to pull them over and coerce them into "voluntary" searches. The Supreme Court's Rodriguez decision (sort of) put an end to extended stops -- the ones that start with a perceived violation that's dragged out until a drug dog arrives. Unfortunately, that decision only removed part of the equation. The Supreme Court's Heien decision made it possible for cops to rely entirely on pretext to engage in fishing expeditions by saying cops only had to think they witnessed a traffic violation, rather than actually be accurate about the laws they're tasked with enforcing.

    Cops are still trying to bring drug dogs to routine traffic stops. The Rodriguez decision is generally taken to mean cops just need to be quicker about rustling up a K-9 unit. Cops love drug dogs because they allow cops to perform the warrantless searches they want to perform. The drug dog's handler can call literally any movement by the dog an "alert," turning normal dog behavior into "probable cause" for a search. It doesn't help that the dogs are rewarded for every alert and given no positive reinforcement for failing to find anything interesting.

    Courts have historically been willing to cut drug dogs as much slack as they cut their law enforcement officer handlers. Subjective interpretations of anything an animal does to please its master is considered close enough to Fourth Amendment compliance to justify warrantless searches. Every so often, a court will question the reliability of the dog or the intent of its handler, but those are anomalies.

    This case, via FourthAmendment.com, is an amazing anomaly. Not only did the court choose to hear from experts on drug dog training and handling, it actually went so far as to call into question the reliability of every drug dog in the state. ...

    More at link. https://www.techdirt.com/articles/20...NGJG5P2_YIOEOA
    You are wrong about police.

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    Ethereal (05-16-2020)

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    Stupid.
    I find your lack of faith...disturbing...

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    Her or the Court?
    Liberals are a clear and present danger to our nation
    Pick your enemies carefully.






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    I love dogs but to allow them to be the arbiters of whether or not cops conduct a drug search is insane. How the $#@! do policies like this get passed in the first place?

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    Wouldn't this be covered by Kyllo vs. U.S.? @DGUtley? If an officer cannot see evidence of a crime without the use of technology (or a dog, in this case)... wouldn't that be the case to cite?

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    Quote Originally Posted by The Xl View Post
    I love dogs but to allow them to be the arbiters of whether or not cops conduct a drug search is insane. How the $#@! do policies like this get passed in the first place?
    Dog: *licks his balls*

    Cop: Probable cause has been established. Proceeding with search.
    Power always thinks it has a great soul, and vast views, beyond the comprehension of the weak. And that it is doing God service when it is violating all His laws.
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    Helena (05-17-2020)

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    I believe to make everyone happy for a very short window of time, a universal national law should be passed that Police in every capacity and in every Agency should immediately cease taking pre emptive, pro active and preventative action of any kind and be 100% reactionary...going to a scene only after an intoxicated or drugged person struck another vehicle, or a crime has been committed.
    They should not respond or react to any incident until theres a 911 call, then take a passive approach.

    Do away with all canines, if drug dogs are unreliable then so are bomb dogs, If you cant rely on a dog to be trained to sniff drugs then they cant be relied upon to sniff bombs, or sniff cadavers

    We need to make american citizens happy and to do whatever it takes to restrict police to where they only react to crimes committed and take any use of force capability from them, so they cant make an occaisional bad decision, No shooting anyone, no throwing them on the ground No tasing, NOTHING. This way there can be no mistakes.....Lets see how that all works out to the benefit of all americans and not just the handful of incessant blame the police and never happy with anything crowd which is a very small minority.
    LETS GO BRANDON
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    Peter1469 (05-17-2020)

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    The problem here is not the drug dogs. There is no policy that allows them to be arbitrators of anything. The legal standard for a search is probable cause.

    The problem here is humans (the cops at issue) playing the system. The dog handler can cue the dog to act like it hit on a sent. If it was real, that would be probable cause for a search.

    So this judge has identified a problem. Just the wrong one.
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    Having made the last post in an attempt to make the neverhappy hate the police crowd a little happy.

    I believe drug dogs are inaccurate 50% of the time, theres alot of factors that create that.

    Residual scents that linger are an issue, the dog cant tell you if the scent of drugs is current or from 2 days ago...dogs can sniff paraphernalia that has been used with drugs and issue a drug alert.

    I admit that it appears dogs are being used to a much greater degree than they were in decades past and that if a dog does make a false positive that can cause the motorist to be detained longer and subjected to an unnecessary vehicle search.

    Nothing in life is fullproof, perfect and 100%...as a society we have to decide if we want a deterrent to crime in an attempt to prevent and pre empt some crimes...or become totally reactionary which without any doubt will create many many more victims.

    I believe the lionshare of america a vast majority support the police and "understand" nothings perfect and mistakes will be made....there will always be the minority that "believe" the police do very little right and to some shouldnt exist.

    Police have always worked under the same public eye they have always had scrutiny and they have always had their haters and detractors...you can trust one thing to be 100% accurate, it has no impact on police, they smile and just keep going.
    LETS GO BRANDON
    F Joe Biden

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    Peter1469 (05-17-2020)

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    Quote Originally Posted by Common View Post
    I believe to make everyone happy for a very short window of time, a universal national law should be passed that Police in every capacity and in every Agency should immediately cease taking pre emptive, pro active and preventative action of any kind and be 100% reactionary...going to a scene only after an intoxicated or drugged person struck another vehicle, or a crime has been committed.
    They should not respond or react to any incident until theres a 911 call, then take a passive approach.

    Do away with all canines, if drug dogs are unreliable then so are bomb dogs, If you cant rely on a dog to be trained to sniff drugs then they cant be relied upon to sniff bombs, or sniff cadavers

    We need to make american citizens happy and to do whatever it takes to restrict police to where they only react to crimes committed and take any use of force capability from them, so they cant make an occaisional bad decision, No shooting anyone, no throwing them on the ground No tasing, NOTHING. This way there can be no mistakes.....Lets see how that all works out to the benefit of all americans and not just the handful of incessant blame the police and never happy with anything crowd which is a very small minority.
    It's almost like some people expect police not to destroy innocent lives. The nerve of some people.
    Power always thinks it has a great soul, and vast views, beyond the comprehension of the weak. And that it is doing God service when it is violating all His laws.
    --John Adams

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