If a Police Dog "Alerts," Should You Lose Your Cash, Car and Other Property?
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Published on Oct 16, 2012
Should the government be allowed to search and seize your possessions based on nothing more than a positive "alert" from a drug-sniffing dog? The Fourth Amendment to the U.S. Constitution requires police, in most situations, to have what is known as a "probable cause" (a reasonable belief based on sufficient facts) before they can search or seize property. Increasingly, however, police have been using drug-sniffing dogs to establish probable cause to seize, and ultimately keep through civil forfeiture, cash, cars and other property on the grounds that the property may be linked to a drug crime.
IJ attorneys Darpana Sheth and Scott Bullock explain IJ's new amicus brief about civil forfeiture. Learn more at this link: http://www.ij.org/florida-v-harris-am...
Read the brief here: http://www.ij.org/images/pdf_folder/a...
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Top Comments
Dennis Novak 7 months ago
Our civil forfeiture laws are nothing but a license for cops and other government agencies to steal your stuff. Drug dogs are no more accurate at detecting drugs than is an officer's hunch, and should not be allowed to be used as probable cause. They are too liable to manipulation, either deliberate or inadvertent, by the handler.
The whole Civil Siezure business, and it is a business, is a National Disgrace.
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rockinandout 7 months ago
welcome to the police state everyone! isnt it exciting!?
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All Comments (57)
Dr.Dick Dangler 1 month ago
Lol Fido wants that ball. Open the car do and tell Fido find the drug is given the k9 a False Positive. If you got drugs , all a cop has to do is allow the k9 to sniff. Either he will sit or try its best to chew through your car to get it. Its the ball and pleasing the owner. It has no clue that its tricked you of your constitutional right.
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UtherPendragan 2 months ago
Man's best friend being used by man's worst enemy to excuse the stealing of private property. No drugs where found so why keep the money? Because its not about drugs its about control. The cop that took this guys money should not be a cop. He is a criminal with a badge.
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ceasey0xoogurl 2 months ago
The NJ police stole my car the other night b/c they smelled weed and apparently a k9 alerted after I refused a search. When I asked the k9 officer what the dog does when it alerts he first said, "each dog is different," then when I asked what this dog's deal was he got pissed and said, "what are you a lawyer...you didn't see him biting at the door trying to get in?" NO i fucking didn't.
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1984 WreckChords 2 months ago
I was recently pulled over for following too close to a semi, which I was not. They got a k9 unit after I did not consent to search. It alerted when the officer pulled back on the dogs collar. They locked the dog in my brand new car. Caused several thousand dollars in damage. I was out of state. They found a small amount (<1/8th) of my medical marijuana, but said state had no such law. I was just passing through. Now I'm in a legal battle which cost several thousand more dollars.
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TheBlackHarrington 3 months ago
Police K9 handlers know how to provoke a dog to "alert". Drug sniffing dogs don't only alert when they actually hit on something.
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ohannahdad 4 months ago
Someones (possibly) entire savings could be confiscated by a (possibly) phony dog response for drugs, and NO DRUGS are produced. Without the finding of drugs, there is no crime. This is a scam people!! I can make my dog respond to my gestures (that YOU will never spot) at any time. I will give anyone their choice of 3 "drug alert" responses (take your pick), and cause a dog "alert" when we BOTH know there are no drugs. Anyone can do this.I am not a dog trainer. The world is laughing at us!!
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ohannahdad 4 months ago
I am NOT a dog trainer. I can tell you that when my dog smells drugs; he will stop walking around excitedly and lay down and stay down!! I can tell you that!! I can make him do this with a physical gesture that I promise, you will NOT detect!! Of course there are no drugs, but if I tell you what my dogs "alert response" is and you see it happen;...what then?? My dog is a Chocolate Lab 8 1/2..to...9 yrs old. He is a smarter dog than I am a good dog trainer, but most dogs probably are!!
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ThereWillBeHellToPay 4 months ago
I can't understand how the supreme court would allow a canine search when it, in my mind, clearly violates my 6th Amendment right to face my accuser.
* to be confronted with the witnesses against him*
The dog cannot swear an oath and is not prosecuted for perjury.
Anyone?
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vasehovno 4 months ago
wow ! so this is that american freedom or just american dream? HOW THIS thing end? somebody know?
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schoomzer 4 months ago
People who have $17,000, can cruise around with $17,000, you apparently can't!
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