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jth_ttu
10-27-2009, 06:53 PM
If drug dogs hit on my vehicle and they something else illegal other than drugs can it be used as evidence against me in court?

Bman
10-27-2009, 07:05 PM
If drug dogs hit on my vehicle and they find weapons or contraband other than drugs can it be used as evidence against me in court?

Evidence for what?

jth_ttu
10-27-2009, 07:10 PM
Say I have a loaded Gun in where Im not suppossed to or anything illegal other than drugs. Can that be used against me in court??

Bman
10-27-2009, 07:13 PM
Not a lawyer, but I would think it depends on probable cause. That and lots of money to a lawyer if they decide to go after you.

Bruno
10-27-2009, 07:17 PM
Did it already happen, or are you talking hypothetically?

If you are asked, do not consent to a search. Say you're doing it on principle. If they had a right to search, they wouldn't be asking you, they would be showing you a warrant.

jth_ttu
10-27-2009, 07:29 PM
Did it already happen, or are you talking hypothetically?

If you are asked, do not consent to a search. Say you're doing it on principle. If they had a right to search, they wouldn't be asking you, they would be showing you a warrant.

This is just Hypothetical I havent consented to a search since I was 18 and thought it would make things easier since I had nothing to hide(I'll never do that again), but if drugs dogs are called and hit on my vehicle I thought they could search it no matter what. If that is the case can they use anything they find in my vehicle or are drugs the only admissible evidence?

Bruno
10-27-2009, 07:33 PM
This is just Hypothetical I havent consented to a search since I was 18 and thought it would make things easier since I had nothing to hide(I'll never do that again), but if drugs dogs are called and hit on my vehicle I thought they could search it no matter what. If that is the case can they use anything they find in my vehicle or are drugs the only admissible evidence?

I am also not a lawyer, but from my understanding, the dog would "hit" on something (likely drugs, since that is what most police dogs are trained for). That would allow them to search for the drugs. If they found something else, it may not be admissible in court.

I could easily be completely off base, though.

jth_ttu
10-27-2009, 07:43 PM
That was my thinking since the 4th says a warrant must say what is being searched and siezed.

ghengis86
10-27-2009, 10:33 PM
I am also not a lawyer, but from my understanding, the dog would "hit" on something (likely drugs, since that is what most police dogs are trained for). That would allow them to search for the drugs. If they found something else, it may not be admissible in court.

I could easily be completely off base, though.

It's called search incident to arrest. If they can find an arrestable offense (not that hard), they can search the immediate area without a warrant and whatever the find is admissable. I believe that if the drug dogs "hits" on a wheel well, trunk or underneath the car, they can search those areas only and if they go outside that area indicated by the dog, it would be inadmissable (in theory). However, they can just as easily write the police to say the dog 'hit' on your glove box and find a gun, kiddie porn, etc.

JeNNiF00F00
10-27-2009, 10:46 PM
I think that if you dont consent, and they DO find anything, they cannot hold it against you in court because they did not have a warrant.

Most K-9s are trained to smell out drugs, however I believe they are trained to give false positives for a hit. This would give the officer the right to search your car. When this happens, anything they find in there that you shouldn't have can lead to arrest. However like I said, I don't think it can be held against you permanently if they do not provide a warrant.

Also know that, if you are handling drugs, and you do not wash your hands afterwards and go to open your car door, or trunk or touch your car anywhere, that scent is on your car. They dont necessarily have to be smelling actual drugs in your car to give a positive hit.

UnReconstructed
10-28-2009, 08:57 AM
they're going to do what the hell they want

Reason
10-28-2009, 10:33 AM
When dogs alert on a vehicle it gives the officers probable cause to search without your permission.

It's entirely up to the officers interpretation to claim the dog "alerted".

Anything they find they will charge you with.

Dogs are trained to pick up gun powder & explosive residue as well.

It's that simple.

specsaregood
10-28-2009, 10:42 AM
I had a friend that was retired air force -- trained dogs for them. He retired and does dog training for the local PD for free/volunteer. BUT he wouldn't train them for drug detection. He always said, "hey, I'll train dogs for them to find bodies or people or security or detect explosives and such; but I'm not gonna spend my time training them just so they can throw some kids in jail for having a couple joints on them. if they want that, they can pay somebody else to do it" Good guy he is.

Bruno
10-28-2009, 10:54 AM
I had a friend that was retired air force -- trained dogs for them. He retired and does dog training for the local PD for free/volunteer. BUT he wouldn't train them for drug detection. He always said, "hey, I'll train dogs for them to find bodies or people or security or detect explosives and such; but I'm not gonna spend my time training them just so they can throw some kids in jail for having a couple joints on them. if they want that, they can pay somebody else to do it" Good guy he is.

AWESOME GUYS HE IS! :)

Wish there were more like him

Danke
10-28-2009, 01:12 PM
Don't register your conveyance with the state. Case closed.