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Drug Dog Legal Defenses Class In General Thoughts And Arguments
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SEARCH AND SEIZURE
Handlers' beliefs influence drug-sniffing dogs' performance
US IL: Drug-sniffing Dogs In Traffic Stops Often
Wrong!
Legal Section
Florida Appeals Court Restricts Warrantless Drug Dog Searches
Recently I was threatened with (without probable cause) with a dog trained to
sniff
drugs and quoted and number of drug busts that officer had made that year
(note no
stating of any credit to the dog). All of which away from home when
officer called the
k-9 unit stating they had found marijuana, however when they
arrived there was no
drugs to be found (safe methods of disposal are always
another good option and another
thread entirely). However, the dog stuck on
resin on my fingers and I was threatened
with jail after court and was written a
ticket for paraphernalia.
I looked into the laws a bit and had the case laughed @ by
the D.A before court was ever near. In this thread
Ill explain how someone else may go about beating a case whereas a drug
dog may be concerned. Keep in
mind I'm not trying to post my life story here and while you can attempt
to use some info here, area laws are
always different and sometimes getting @ simple points and making them to
be a big deal can go a long way
so long as its worded within the law in your defense.
First things first...
If you ever happen to be busted because of the presence of a drug sniffing dog.
Keep your mouth shut. If authorities ask any questions excersise your 5th
amendment rights and dont say anything, after drugs are found, anything that is
said by the possessor can be used for the case and according to the 5th
amendment, you are not required to say or admit to any information that may
incriminate yourself but so often police attempt to get you to do so hoping that
you dont know your rights.
Now, you've been busted, jailed, bailed out and so forth and are sitting @ home
waiting on your day in court to find out the ultimate outcome of the situation.
Get to looking up some records on the dog handler and also the k-9 that was used
to get your arrest.
IF a dog or its handler (either or) is NOT certified then anything that was
brought into the case because of them is generally inadmissible in court,
meaning they will have a hell of a hard time in order to use that as evidence.
That's all for the moment as Ive got somewhere else to be in the next few
minutes, but next Ill be giving examples from a case in the state of Florida, Fl
has some of the roughest laws in the states that I've been to thus far so I feel
its a good example of how things can go if you know your stuff. I'll also be
getting into the issue of probable cause and what then serves or could be used
as so and how LEO will always claim there's probable cause even if there is not.
Quote:
| *
If a dog alerts and nothing is found, then cops will never record that
as an error. If cross-examined later, they will testify that the dog
detected lingering odors of contraband that were recently present.
Cops will testify that dogs never make mistakes, never have and never
will, and that apparent errors are skillful detections of lingering
(residual) odors of contraband. No one can question a dog about
whether the cop is lying or mistaken, and it is usually a waste of
time to ask a cop the same types of questions. |
Ok now with that bit of information being transplanted in ones brain Ill go
about talking about probable cause and k-9 units.
Kind of skethy and grey area to discuss to me and same with many judges. Powers
of persuasion and presentation of the information is crucial here if you plan to
fight a case with this, BUT there is good news, cases have been fought and WON
on this exact subject and that gives anyone in the same circumstances some room
to win their own case easier with!
Now we are going to discuss the case of James Rabb Vs Florida State.
To give you the short sum of what happened with this fellow is pretty much
according right along these lines if I remember correctly, I do smoke hevily
while reading on most occasion so dont take it to heart if Ive confused
something somewhere Im just making an attempt so one dosent HAVE to read through
the whole case if they dont wish
.
Someone narced this fellow out for selling pot. They proceded to place him under
surveillance in secrecy, waited on him to leave the home one afternoon in the
car after making a deal, pulled him over for a simple traffic violation. He's
seen "messing around under the seat" by the officer and is asked to
step out of the car for the officers safety. Cop then sees grow liteature and a
movie on plain sight in the guys car, asked what that was for and the fellow
replies "just because it interest me (or something to being along those
lines). Cop ends up finding joint in mr james brown's ashtray asks him if he has
anymore drugs, dude turns over 3 more joints from his sock. They cart him off to
jail.
Meanwhile (before his release if Im not mistaken) Remeber Ive said nothing about
any search warrants having been obtained yet.
A drug dog is walked around the presence of his home where it then strikes on
the scent of some foreign drug inside of the home.
A warrant is recieved upon the grounds of the cannabis literature in the front
seat of the vehicle, the pot that he possessed, AND the striking of the dog @
the outside of the mans private property. Inside the home they find more pot and
less than a handfull of exctasy tablets.
NOW, the man wins the case. The court declared the sniff outside of his home
unusable in court and he beat the case by proving it to be a violation of his
privacy. He moreso made it out as they had no right to question why he had
possessed cannabis info, or having connected that with any info about his own
personal home to have gone and done such a thing as walk the dog around his
home. On top of him pointing out that the dog could have been trained to strike
on the scene outside of his home by simple command, afterall they were easily
trained enough to strike when they find drugs. (a professional dog handler of
good respect presented a many of these points with the dog but one can easily
make them themselves if done in the right mannerism.)
If youd like to read more on the case then here is a pdf file on it
http://www.4dca.org/Feb2006/02-15-06/4D02-5139.op.pdf
If police have no obvious reason for asking questions then answering them is
obviously a large risk. And if your worried about getting caught doing anything
with it, deny all interest in cannabis when asked by a LEO if you already didnt
know this. If your caught with grow material, a friend of mine left it here is
always a good explanation and unless it has weed growing in it or being used for
that, they arent allowed to assume thats what its for and take it without
breaking the law. If someone finds weed in your vehicle (which is a bad idea to
do @ any time if more than you can immediately eat to get rid of IMO) Deny that
it is yours and say its someone elses left there as well. Easier said, if they
didnt catch you smoking it, it aint yours and your not going to tell them who it
belongs too. If you really feel you must give them a reason for not
naming a owner to the substance tell them something simple as "for them to
be harassed for it" however, you arent required to say anything about the
stuff though, cause youll likelly be charged for it anyways no matter what is
said but it makes them less likely to consider your home, other vehicles, or
personal property as containing more evidence on you. NOT that a traffic stop
bust is a reason to search those places unless you have a large amount of
illegal material to be sold. In which case your going to jail for a nice stay
and they are tearing object or place you have access to apart in order to search
for more dirt to bury you with.
now lets chat about the probable cause thing, many a cases without dogs
even are won using this defense.
Police cannot search without your consent without having a warrant which
probable cause is needed for. Probable cause is the reason that they would
need to go through your belongings legally. It must be a reason in which without
a doubt (key thing there) would suggest that you are somehow breaking the
law with your property and allow them to search to see if you are breaking the
law and to take the evidence needed for court.
IF LEO are searching for drugs, all states that Ive helped people in, require
the warrant to list the items in specifics in which they may be searching for.
They cannot just list general terms for most things such as "illegal
drugs" they would have to list "marijuana", "cocaine"
etc...
From my knowledge, For the police to sieze someones computer, the probable
cause, and an order on the warrant to do so must be obtained with the search
warrant used to enter ones home. I very well could be mistaken but I believe
thats something done nationally in the U.s but of course, local law always
rules despite whatever federal law might state despite this supposed to be
opposite and Ill always argue that area will win over fed, simply because it
does in 90% of cases).
In a good many of southern states, People know that a locking compartment(many
just think the glovebox and trunk but its generally anything that locks) in a
motor vehicle is illegal to search without a warrant or a dog striking on the
vehicle. Reason that officers cannot search in these areas in states with that
law is lack of probable cause. Warrantless searches are serching for obvious
and harmfull things that may be a harm to the officer immediately. This would
be an example of a pat down looking for weapons (if they feel anything other
than weapons they cant just reach in and pull out your grass or etc, other
than where weapons are concerned) Another example would be the officer looking
in the immediate area of the vehicle you get stopped in to make sure there are
no weapons laying around to harm him with.
If an officer is to find something in one of these warrant less searches, it
can be used as evidence legally if there was probable cause for that search in
the first place.
A glove box, trunk, or other locked containers in these states are a
legal defense for the lack of probable cause. Now many people would say,
"why could they not have a weapon in those locked containers?"
Simply put, they could. BUT how are they to open that LOCKED container while
the officer is present, retrieve the weapon and harm him before the officer
could defend himself?
And how would you be able to open or lock the container to hide contraband
while the keys are to be in the vehicle ignition going down the road (albeit
some vehicles will allow you to remove the key most will not)?
There is no reason while these things should be easily done by the public
masses and therefore there needs to be a warrant to violate your privacy in
these states such as that. (However that is not true to all states some can
and will make you open the container if you consent to a search)
A drug dog striking outside the vehicle can be used as probable cause to
obtain a warrant to any of the private domains of the car because *surprise*,
the entire vehicle is in public when on the roadways. If it were sitting on
private property, its not probable cause for a warrant alone.
Odd how probable cause works @ times, it can end up being quite confusing
sometimes as well. Where as LEO dogs are concerned, a good defense is trying
to make it seem like they had no reason to have been using them in the first
place or have violated your privacy rights in some means by using them.
Keep in mind as I've said before, sometimes your just F()kt!
another good case to read up on if someone needs some
ideas as how to find a defense.
http://rexcurry.net/drug-dogs-jacque...ht-arizona.pdf
Here's a good video and do what he tells you you have a lot better chance
of getting out of being busted.They have been stopping poeple here on traffice
stops and saying as they walk up to the car I smell MJ.Then busting them after
searching the car.The judes are sick and tried of this bull and they are
throwing them out of court.Half of the stops dont even get a ticket.There nazi
out look on you is you are guilty till I say your not. Watch this video it give
you alot of valuable infor.
http://www.greenpassion.org/f38/never-get-raided-13324/
(Never get raided...)
good clip. Very good info on Fla too there mcmm. Peace
Many times a LEO will say that there is evidence of something when there is
not, just to obtain a search, and nine times out of ten they know who is doing
what, just by profiling. And sadness is, many times a judge will not question
that officers statement of "I smelled marijuana as I approached the
vehicle"
Just don't ride dirty, its a BAD idea IMO. If you gotta smoke on the way to
town smoke up @ home and enjoy your high there, and bring a single joint with
you for the return ride home. @ any given moment if blue lights flip on behind
you, eat your single joint to keep your safety, its much much more valuable
than any single joint
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