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Author Topic: Should police be able to show up at your door with a drug sniffing dog and no evidence? [Locked]
IMHO  4 stars
Title: Official Outpost Greeter
Posts: 2,287
Registered: 2001-11-1 03:55:02
Colorado has the "Medical Marijuana" Law. I do maintenance for a couple of building owners where their tenants have grow operations going. For as much pot as I have smoked in the past I never knew what fresh growing pot smells like. I do now and I can tell you it has a strong smell to it. I now can drive down a street and tell if there is a grow operation near by.

If this guy was a grow operation they wouldn't have needed a dog to smell it.

 

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NuEM  4 stars
Posts: 1,007
Registered: 2004-3-2 09:08:11
Growing it shouldn't be illegal in the first place.

 

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GrilledCheez  4 stars
Title: The Lord's Balls
Posts: 1,060
Registered: 2006-3-22 11:06:32
I agree growing it should not be illegal. I think a dog sniff outside will be ruled constitutional under that fact pattern though. not sure about bringing the dog inside.

The supreme court has already ruled that a dog sniff of your car isn't an unreasonable search.

 

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Koneg  3 stars
Title: Evil Genius
Posts: 894
Registered: 2001-12-4 15:31:28
Sea_of_inK posted:

Quote:

An anonymous tipster reports that you’re growing marijuana in your home.


But your subject posits that they showed up with out evidence???


Sorry to burst your bubble, but someone dropping a dime on your ass is all the evidence they need to obtain a warrant.


As to this specific case, the SCOTUS is going to rule it an illegal search. The dog was on his property already (front porch presumably) and to be there and have the dog take a sniff requires a warrant.


Edit: And as I think about it, between the anonymous tip and the dog, those two combined equal probable cause to suspect a crime is actively being committed, and they don't need a warrant then.

 

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Voodoo-Dahl  2 stars
Posts: 469
Registered: 2002-5-11 05:11:16
Chances are there was no anonymous tipster. The pigs just didn't want to say how they really found the grow house. A police chopper probably spotted it with an infrared camera.


Something those fascist pigs aren't supposed to be doing...
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
Allstarslacker posted:

That's a pretty hard question to answer really.

No it isn't. This is a open and shut matter that was one of the things that spurred a revolution.


NuEM posted:

Growing it shouldn't be illegal in the first place.

It isn't illegal under the constitution.
Allstarslacker  3 stars
Posts: 757
Registered: 2006-5-23 20:09:28
Aerlinthian posted:

Allstarslacker posted:

That's a pretty hard question to answer really.

No it isn't. This is a open and shut matter that was one of the things that spurred a revolution.



What made it an illegal search?
Aerlinthian  4 stars
Posts: 2,126
Registered: 2001-5-7 23:53:38
Hint: writ of assistance
Allstarslacker  3 stars
Posts: 757
Registered: 2006-5-23 20:09:28
I don't see what that has to do with anything in this case.
Walker_ID  3 stars
Posts: 673
Registered: 2002-5-29 10:20:09
i saw this on reddit a month or so ago...i linked several relevant court decisions regarding homes and searches...the court usually rules heavily in favor of protections in terms of searching one's home...and what constitutes a search...

and based off the recent gps placed on vehicles ruling the court is being very sensible about what constitutes a search...

 

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