3 ms·
I'm moving to the opinion that whenever K-9 or human cop noses are used to generate probable cause, three mylar balloons must be filled, using a pump, with the
by logfromblammo 10y ago
I'm moving to the opinion that whenever K-9 or human cop noses are used to generate probable cause, three mylar balloons must be filled, using a pump, with the air alleged to contain the illegal odor, and sealed with chain-of-evidence stickers. One balloon is later fed to an "electronic nose" machine, in a double-blind fashion, to create an arguably impartial report. Then one is for the use of the prosecutor, and one is for the use of the defense.
If the balloon does not contain marijuana odor molecules, all evidence collected in the subsequent search is inadmissible. One cannot cross-examine a dog, and human cops are no more trustworthy than any other witness that has a personal stake in the outcome of the case. What people can see and hear can be recorded by cameras and microphones, and examined after the fact by both sides in the adversarial process. Allowing smell, touch, and taste "evidence" for determination of probable cause seems to be an end-run around due process.
"I smell weed" or "the dog alerted [because I signaled it to alert]" should not be a substitute for judicial oversight of police activity.