Thread: Don't rob a bank in Spain

Your flaw is the "alert on command" statement. Sorry, but i have never seen that happen. I have seen them search on command, attack on command, but never provide an alert to the presence of drugs on command.

If you are alleging that the cops forced the dog to alert, and it did not do so on its own volition, then the search was invalid, assuming this can be proven.

However, if the dog alerted, but was mistaken, then the question would turn on whether the officers had a valid reason to believe the alert. i.e. does this dog have a history of falsely alerting. if this dog has a highly accurate past when it alerts, then the search is valid, and the person is screwed.

The CYA statement: I assume that this is a hypothetical situation, does not apply to anyone in particular, and assumes a general jurisdiction (no specific state), as this is not intended for the purpose of providing legal advise.

if the cops really wanted to search that vehicle, all they needed to do was arrest the person and perform a serch incident to arrest, or impound the vehicle, and then perform an inventory search at the impound lot.

I'm concurring with Mhailey... i seem to recall that the simple fact that a person is pulled over for speeding, or another traffic infraction, opens them up for a police search... i think the supreme court weighed in on this in the early 90s...

but hey i'm not a lawyer, just mildly fascinated by the corrupt laws we live under.

Originally Posted by syslight

I'm concurring with Mhailey... i seem to recall that the simple fact that a person is pulled over for speeding, or another traffic infraction, opens them up for a police search... i think the supreme court weighed in on this in the early 90s...

but hey i'm not a lawyer, just mildly fascinated by the corrupt laws we live under.

And Jim, lets not forget the scary local "Justice Courts" we have here in NY. They're a throwback to colonial times.

Jordan

Originally Posted by jnich67

And Jim, lets not forget the scary local "Justice Courts" we have here in NY. They're a throwback to colonial times.

Jordan

Oh i have not forgotten them... i ran for one last year... lost it to the incumbent who is almost as well qualified for the position as my dog and nearly as well trained (the dog is house broken)

there are however good things that come out of them... old justices with 8th grade educations can be very lenient to you ... 8 of 9 tickets being dismissed and the last one was reduced to "parking on the pavement"... only cost 250$ and no points, no bump in the insurance bill. then again they could just as easily throw in jail for a year.
for the record the 9 tickets were all one event about 20 years ago... nothing like feeding your need for speed.

ALWAYS take a lawyer to justice court.

Originally Posted by syslight

Oh i have not forgotten them... i ran for one last year... lost it to the incumbent who is almost as well qualified for the position as my dog and nearly as well trained (the dog is house broken)

there are however good things that come out of them... old justices with 8th grade educations can be very lenient to you ... 8 of 9 tickets being dismissed and the last one was reduced to "parking on the pavement"... only cost 250$ and no points, no bump in the insurance bill. then again they could just as easily throw in jail for a year.
for the record the 9 tickets were all one event about 20 years ago... nothing like feeding your need for speed.

ALWAYS take a lawyer to justice court.

I'll remember that. Luckily, I haven't had the pleasure...yet.

Jordan

At this point Mr Hailey I suppose it would be pertinent to know what exactly your level of familiarity is with local law enforcement/law enforcement in general??

If you are/have been/ or are training to be a LEO then you already know how law enforcement manipulates individuals and systematically violates civil rights(or at least will soon if you are in training)

READ THIS PEOPLE!! KNOW YOUR RIGHTS!! THE POLICE DO!!

Unless the traffic crime is an arrestable one, which running a stop sign is almost definitely not (unless the operator refuses to sign the ticket which is an arrestable misdemeanor) , YOU ARE ALL WRONG.

The police CANNOT search a vehicle without consent or exigent circumstances, a warrant, or a dog alert.
Unlocking your car door at the officers request or handing them the keys is considered consent to search in most states.

Ask if you are free to go. If you are not then you are being detained.

Police can not force you to produce ID (in FL) unless they have RS of criminal activity.


Never seen a dog trained to bark on command??
NEVER?
Somehow I don't believe you.
Any 17 year old, half retard beagle can SPEAK.

What is the chance that a well trained dog could be wrong you ask?
PAY PARTICULAR ATTENTION TO PAGES 8 AND 9
http://a257.g.akamaitech.net/7/257/2...pdf/03-923.pdf


If the officers knew that the search would be considered legal and the charge would stick then why not??

After all, our system is so F'd up, it makes the cops have to try harder to compensate for the lawyers getting so many charges thrown out on illegal S&S.
Right?

More stuff
http://www.flexyourrights.org/traffic_stop_scenario
http://www.wfsu.org/gavel2gavel/summary/04-490.htm

Learn your rights people

It is not that speeding opened the way to a search, but that she got arrested for speeding, and then her car was searched incident to the arrest. The search and the arrest were both determined to be valid.