3 ms·

Not true, I have refused a “look over”of my car for two traffic stops, both cops threatened canine cops and I told them go ahead. One radioed in “not available

Not true, I have refused a “look over”of my car for two traffic stops, both cops threatened canine cops and I told them go ahead. One radioed in “not available”, The other one went back to his car and wrote me a ticket and told me I was lucky he got another call while he was filling out the ticket. I’m sure they sometimes do “do it anyway” but it isn’t a sure thing.

bluGill 2y ago
Canines need to be well trained, if it goes to court the need to prove the dogs won't point if there are no drugs (or whatever the dog looks for) so if there isn't good reason to suspect you they won't bother (depending on how far away a dog is) they are just threatening as if you are guilty you may give up. There are also rules about how long they can detain you while waiting. See a lawyer (the rules may not be good but you can get off in court if they are 'too long')
- sneak 2y ago
  No, in practice they do not need to prove that. The presumption of innocence is mostly a fiction.
  - giantg2 2y ago
    They do need to prove it. It's just that they treat it like a radar gun - they take the last certification testing as the proof. It's very rare to get to re-examine them.
- enragedcacti 2y ago
  It's impossible for a test to prove that a canine ONLY alerts to contraband. It doesn't matter how many controlled tests it has passed, dogs could nevertheless be responding to conscious or unconscious signals from an officer who is already expecting to find drugs.
papercrane 2y ago
Ever since Rodriguez v. United States the police cannot make you wait for the K9. It's considered an unlawful detainment if they extend the traffic stop, without reasonable suspicion of another crime, beyond the time it takes to deal with the original reason they pulled you over.
- pc86 2y ago
  This is generally accepted to be about 20 minutes but that's not a hard and fast rule and multiple things can extend that time. Basically they need to continue writing your citation for speed or a brake light or whatever, at a reasonable speed. If you ever see dash/body cam footage where this is relevant, cops have had charges dismissed because they fill out the entire citation but don't sign it in about 10 minutes, then spend 45 minutes questioning everyone in the car and trying to get probable cause for a search. This is part of why they'll do a lot of the fishing at the beginning before they start the citation process, as that's seen as more "reasonable" than doing it at the end. This is also why it's so important to only give the info you're required to and not to answer any other questions. It increases the odds you'll get that first ticket but it cuts off their ability to extend the stop.

bluGill 2y ago

Canines need to be well trained, if it goes to court the need to prove the dogs won't point if there are no drugs (or whatever the dog looks for) so if there isn't good reason to suspect you they won't bother (depending on how far away a dog is) they are just threatening as if you are guilty you may give up. There are also rules about how long they can detain you while waiting. See a lawyer (the rules may not be good but you can get off in court if they are 'too long')

sneak 2y ago
No, in practice they do not need to prove that. The presumption of innocence is mostly a fiction.
- giantg2 2y ago
  They do need to prove it. It's just that they treat it like a radar gun - they take the last certification testing as the proof. It's very rare to get to re-examine them.
enragedcacti 2y ago
It's impossible for a test to prove that a canine ONLY alerts to contraband. It doesn't matter how many controlled tests it has passed, dogs could nevertheless be responding to conscious or unconscious signals from an officer who is already expecting to find drugs.

papercrane 2y ago

Ever since Rodriguez v. United States the police cannot make you wait for the K9. It's considered an unlawful detainment if they extend the traffic stop, without reasonable suspicion of another crime, beyond the time it takes to deal with the original reason they pulled you over.

pc86 2y ago
This is generally accepted to be about 20 minutes but that's not a hard and fast rule and multiple things can extend that time. Basically they need to continue writing your citation for speed or a brake light or whatever, at a reasonable speed. If you ever see dash/body cam footage where this is relevant, cops have had charges dismissed because they fill out the entire citation but don't sign it in about 10 minutes, then spend 45 minutes questioning everyone in the car and trying to get probable cause for a search. This is part of why they'll do a lot of the fishing at the beginning before they start the citation process, as that's seen as more "reasonable" than doing it at the end. This is also why it's so important to only give the info you're required to and not to answer any other questions. It increases the odds you'll get that first ticket but it cuts off their ability to extend the stop.