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If the state hasn't shown that an accused has committed a crime before the state trespassed but needs to trespass first to then dig up an ex-post justification
by DINKDINK 7y ago
If the state hasn't shown that an accused has committed a crime before the state trespassed but needs to trespass first to then dig up an ex-post justification for trespassing witch hunts develop.
- ScottFree 7y agoAnd yet, the supreme court has upheld the use of drug sniffing dogs for traffic stops.
- MertsA 7y agoAnd yet, their accuracy is poor to say the least and no objective, informed, reasonable person would conclude that a drug dog scratching someone's paint would be considered probable cause. But here we are.
- DINKDINK 7y agoThe rationale is probably that smelling the air around a car is not trespass.
- ScottFree 7y agoDrug sniffing dogs aren't accurate. You might as well allow the cop to flip a coin and if it comes up heads he has probable cause to search the vehicle. Combine that with civil asset forfeiture laws and you have a nasty incentive. Cops have been caught giving their dogs signals to bark so they can seize the car.