Friday, November 12, 2004
Is a dog sniff a search? Maybe not.
Is an unwarranted dog sniff an unreasonable search and seizure under the federal or illinois bill of rights? I would vote yes. I think 5 of the current court will vote no,
assuming the current chief justice participates.
I might vote differently if it were a beagle. I assume a german shepard was used.
The german shepard is the symbol of the nazi's gestapo. It's a war dog - 4000 were used in vietnam, and then killed when the war ended. Whether or not it's a search, it is a seizure. When the dog is there, you don't leave until the dog says it's ok.
I worked on a case which was later settled for $60,000, about a guy who was mauled by a police dog after a traffic stop. last time I saw my friend Mark Gann he was on crutches
after being mauled by a police dog. My roommate/tenant/client joell palmer was a plaintiff in an earlier supreme court dog sniff case, edmonds v indianapolis.
Carroll Towing is the case that create an exception to the warrant requirement for traffic stops. I don't think Carroll should extend to dog sniffs.
If a dog is ok, how about a wolf? A tiger?
scotusblog.
Is an unwarranted dog sniff an unreasonable search and seizure under the federal or illinois bill of rights? I would vote yes. I think 5 of the current court will vote no,
assuming the current chief justice participates.
I might vote differently if it were a beagle. I assume a german shepard was used.
The german shepard is the symbol of the nazi's gestapo. It's a war dog - 4000 were used in vietnam, and then killed when the war ended. Whether or not it's a search, it is a seizure. When the dog is there, you don't leave until the dog says it's ok.
I worked on a case which was later settled for $60,000, about a guy who was mauled by a police dog after a traffic stop. last time I saw my friend Mark Gann he was on crutches
after being mauled by a police dog. My roommate/tenant/client joell palmer was a plaintiff in an earlier supreme court dog sniff case, edmonds v indianapolis.
Carroll Towing is the case that create an exception to the warrant requirement for traffic stops. I don't think Carroll should extend to dog sniffs.
If a dog is ok, how about a wolf? A tiger?
scotusblog.
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