Michigan Open Carry, Inc.
General Category => Latest News Stories => Topic started by: CitizensHaveRights on April 22, 2015, 11:57:15 AM
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http://photographyisnotacrime.com/2...g-on-drug-sniffing-dogs-during-traffic-stops/
Drug sniffing dogs across the country might receive some much needed vacation after the U.S. Supreme Court ruled today that extending a lawful traffic stop for the sole purpose of letting a dog sniff a vehicle is a violation of your Fourth Amendment right. In a 6-3 decision, the court ruled that…
“a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures.”
Authority for the seizure ends when tasks tied to the traffic infraction are — or reasonably should have been — completed.
A dog sniff is not part of the officer’s traffic mission.
Officers can’t earn extra time by completing traffic tasks quickly. The government argued before the court that officers should be able to conduct these unconstitutional drug sniffs if they are able to complete their traffic tasks really quick, therefore leaving extra time for the dog to hunt some drugs. The court referred to this argument is “unpersuasive,” adding that..
“a traffic stop ‘prolonged beyond’ the time in fact needed for the officer to complete his traffic-based inquiries is ‘unlawful'”
So, it is not the measure of time that is the important factor, is is whether or not the search takes away time from the actual traffic mission.
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Tell it to this guy.
http://www.youtube.com/watch?v=rJqq6KCOkdM
http://www.washingtonpost.com/news/the-watch/wp/2014/04/28/illegal-roadside-search-of-star-trek-fan-brings-100k-settlement/
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What do you do when a 2/3 majority of SCOTUS tells you that standard procedures, long endorsed and encouraged by fedgov, violate the federal Constitution?
Simple, you have to come up with an alternate procedure that accomplishes exactly the same thing.
After this ruling, all badge toting, rights hating thugs will simply say 'I smell marijuana' at the point where traffic enforcement ends and unlawful detainment begins.
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What's constitutional? Whatever 5 unelected politicians say is.