just a hypothetical question, on some other forums there are complaints that a particular agency is abusing K9 alerts and randomly searching vehicles detaining people for hours. As a private citizen if I'm told the K9 alerted on my car and assuming I'm not a criminal what are my rights? Can I ask the LEO what the K9 alerted for? What are they looking for? Refuse and insist on a warrant? Can I ask for a second sniff? I realize if they want to search my car they are going to and it would be incredibly stupid to resist. I guess I can say "no you can't" and then get out of their way. Any insight from LEOs and lawyers would be much appreciated.

Some suggested reading:

http://www.amazon.com/You-Police-Boston-T-Party/dp/1888766093/ref=sr_1_2?ie=UTF8&s=books&qid=1246927642&sr=1-2

http://www.amazon.com/Molon-Labe-Boston-T-Party/dp/1888766077/ref=sr_1_3?ie=UTF8&s=books&qid=1246927642&sr=1-3

I assume by check point you mean like a search checkpoint or dui checkpoint. Border crossings and crossings onto military bases are a whole nother ball of wax.

First off ask nothing, volunteer nothing. Simply say I do not consent for a search. If in their district they get enough on a single pass through with a dog for a search they'll let you know. Odds are they don't, at least in my area a single alert from a dog isn't enough and most districts in my area don't own more than one dog for one purpose.

Your first act when you get out of your car (if instructed to do so) is to lock the door behind you. If they ask why you locked the car simply say that's what you do when you leave your vehicle for any reason and that you do not consent for a vehicle search. However they do now need a warrant to enter your vehicle.

Listen to their questions, comply with their instructions, and don't answer any questions. Anything you say can and will be used against you after all and cannot be used for helping yourself. You don't have to give them information beyond what's on your driver's license. You don't have to tell them where you're going or why. If you don't tell them anything they have next to nothing to warrant a search unless something is in plain view.

Now I know LEO have a hard enough job and I apologize if this post offends any of the nice people on this board. This is however what my lawyer outlined as the CYA approach to vehicle stops.

Melissa, read the first story I posted (it looks like I accidentally put the link in twice so just copy/paste it). All the 60 year old lady in question did was refuse to provide her date of birth. For that, she was jerked by the arm on a shoulder that had just had surgery, slammed to the ground, and charged with resisting arrest, delaying an officer, and obstructing an officer. This happened at a Congresswoman's event.

Bad cop stories make the news all the time. Considering the thousands of pull overs and calls daily in this country I consider such events a rarity and when inappropriate conduct happens it should be addressed accordingly in any line of work.

Without knowing the details I don't care if this was a 100 year old great grandmother of 16. It doesn't effect the perception of the officer who was dealing with an argumentative crowd which can be super dangerous.

I think the theme of the discussion is politely comply but don't hang yourself. Answer any information that would normally be on your drivers license (your birthdate is on there in most states) but you're not obligated to answer further and you're certainly not obligated to agree to a vehicle search. As far as if one K9 hit being enough to search a car over I think that's for the courts to decide. If your district has enough information based upon that for a search and a judge is willing to sign a warrant for it then there is nothing you can do but argue the right of that search in court.

Scott stated:

" Seems like anything less that full compliance with the gestaopo gets you one charge or another these days. Ah, the times when the 4th Amendment actually meant something. "

" I'm sorry if my bringing this up offends any of the past/present/future LEOs on this forum. "



Gee why would I be offended by this . Makes me REALLY want to get involved in this discussion .

Melissa…. Be careful in giving legal advice that isn’t correct. In federal court and in almost every state court, the alert by a narcotic detection K9 is considered probable cause. In almost every state there are emergency and automobile exceptions for search warrant requirement which will allow the search of a vehicle.

 Quote: jim nash

Scott stated:

" Seems like anything less that full compliance with the gestaopo gets you one charge or another these days. Ah, the times when the 4th Amendment actually meant something. "

" I'm sorry if my bringing this up offends any of the past/present/future LEOs on this forum. "



Gee why would I be offended by this . Makes me REALLY want to get involved in this discussion .

I'm with Jim. Being a combat veteran, retired military man, a current law enforcement enforcement officer, why would being called "gestapo" offend me.

DFrost

 Quote: scott garrett

Seems like anything less that full compliance with the gestaopo gets you one charge or another these days. Ah, the times when the 4th Amendment actually meant something.
I'm sorry if my bringing this up offends any of the past/present/future LEOs on this forum.

Having family who lived through WWII in Nazi Germany and who were against Hitler, worked with the underground, were imprisoned for it and eventually killed, I find it highly offensive to have our law enforcement referred to as Gestapo.

I do understand the fear and worry of having a police state where the "peace officers" can do what they will, believe me, but the USA isn't that place yet. Individuals get the news and the majority get the blame and bad name....kinda like some young teens and twentys in the 60's, and 70's, and 80's, and etc. Do you understand?

You do offend people on this board by using this term and no apology is going to temper it.

I do not harbor grudges and I am not angry, bitter, or wishing bad things on your life, but I will spank you!