Police dog = Police Officer. SO...

Please move this thread if it's in the wrong spot. I didn't know where to put it. I just had a question I was curious about and thought there would be somebody here who might have an answer for me. Ok...

If a police dog is considered an officer of the law, then when the police have a police k9 search or smell around your vehicle, isn't that considered unlawful search by an officer? What makes the dog exempt from upholding the 4th amendment of the Constitution? Shouldn't they be held to the same rules as any other police officer?

Interesting thread. I look forward to the responses. Also a question of my own. If the dog is considered an officer, if you kill it do you get convicted for killing a cop?

reply to post by intrepid


NO

But if you assault a Police K9, you will be charged with assaulting a Police Officer...

So theoretically you would be charged with "Assault with Intent"

Homicide, Murder and Manslaughter all have the "Human" element.. Assault does not..

Semper

As for the 4th Amendment issue, it's simple..

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The pertinent sections are "Search" and "Unreasonable"

The Supreme Court has ruled on several occasions that "Smell" is not a search... If I "Smell" narcotics emanating from your vehicle, I have Probable Cause to search.. The act of smelling has been ruled to NOT constitute a search. Same with a K9...

Semper

There is no expectation of privacy OUTSIDE your vehicle. Just like a "human" officer is allowed to walk up and look inside your car windows for something in plain view, a K9 can be walked around the outside of the vehicle. If a "human" officer notices something inside the vehicle he/she can articulate is illegal and it IS in plain view they have the PC (probable cause) to enter the vehicle and search it. If a K9 alerts (or smells) an illegal narcotic, that is PC to also enter the car.

Remember, the key is that OUTSIDE your car you have no expectation of privacy...so a dog or any officer can walk around/up to your vehicle. Just like you can walk up to anyone elses and look in. Hope that helped!

EDIT TO ADD: semper is right too with that explanation..

[edit on 10/25/2008 by rcwj75]

reply to post by intrepid



Yes. I'll try to find the story but it happened at least once.

reply to post by semperfortis


Ahh yes, thats what I was thinking of.. it was an assault case.

reply to post by kaspermartyrphantom


not only that.. I believe they can charge you with assault if you use non-lethal (pepper spray) even, but if they find your dog to be a nuisance, (as I've seen in many examples) they can even kill your dog for their protection, but if you kill a police-dog, it's the same as killing a police officer, I see some disconnect here.

reply to post by PuRe EnErGy


What's even worse is we don't have the right to defend ourselves. Now 99% of the time, the cop/dog is in the right. But there are cases where a dog may get out of control, after all it is an animal. Everyone should know that.

Originally posted by willzilla
What's even worse is we don't have the right to defend ourselves. Now 99% of the time, the cop/dog is in the right.

Don't you believe that for one second.

A website that closed recently (badcopnews.com) documented so many police crimes via MSM accounts that it would make your head spin. Murder, rape, robbery, theft, planting evidence and other crimes are being committed by the thin blue line on a daily basis. Where I live, police and military helicopters are flying dangerously low, harassing civilians and posing a real threat to public safety.

Cops are people with entirely too much power and next-to-zero accountablity. It's a real bad combination.



Edit: It looks like policecrimes.com... is taking up the challenge of documenting police crimes. Seriously educational.







[edit on 10/26/2008 by anonymousATS]

reply to post by intrepid


I'll answer your last question as it happened to a police dog here where i live, a guy killed the dog and yes he was charged with murdering a police officer.

So... A dog is a dog when it squats in your yard. A dog is a dog when it barks. When it hangs out with cops, it is a cop, but when it searches your vehicle it is a dog. If you kill it while its searching your vehicle, it's a cop. Alright. Well... I think using a dog to sniff a vehicle is basically skirting the constitution. A human beings nose is fallible, so we use a dogs nose. If the dog can tell the cop, "hey, something smells like pot in here, I think you should check it." Then fine. Personally, I think a cop will only bring a dog around if you refuse a search. Then, no matter what the dog does, they are gonna say it smells something suspicious. (even if nothing is there.) Then they will search your vehicle. amazing.