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That Dog Won't Hunt: Cops Can't Keep You Waiting for K-9s, Supreme Court Says

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Leroy N. Soetoro

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Apr 23, 2015, 11:44:30 AM4/23/15
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http://www.nbcnews.com/news/us-news/dog-wont-hunt-cops-cant-keep-you-
waiting-k-9s-n345746

Cops can't continue to hold a suspect without probable cause even for the
few minutes they might need to wait for a drug-sniffing dog to show up,
the Supreme Court said Tuesday.

Justice Ruth Bader Ginsburg wrote for the 6-3 majority that if a traffic
stop is otherwise completed, holding on to the suspect any longer violates
the constitutional protection against unreasonable searches and seizures.

The case, Rodriguez v. United States, involves the valid traffic stop of
Dennys Rodriguez after he swerved over a highway shoulder line in Valley,
Nebraska, in March 2012. Once Officer Morgan Struble had completed writing
a warning, he then kept Rodriguez by the side of the road for seven or
eight minutes waiting for the dog to show up and sniff the car for
possible drugs.

The dog found meth, and Rodriguez was indicted and convicted. But Ginsburg
wrote that Struble didn't have probable cause to search the vehicle, and
that by dallying long enough for the dog to arrive and provide probable
case, he violated the Constitution.

Justices Clarence Thomas, Anthony Kennedy and Samuel Alito dissented on
the grounds that such a brief stop "is hardly out of the ordinary for a
traffic stop by a single officer of a vehicle containing multiple
occupants even when no dog sniff is involved."

In an additional dissent, Alito warned that officers would quickly figure
out a way to slow the process of checking a driver's license and
registration and writing up a ticket to give the K-9 unit time to arrive.

"I would love to be the proverbial fly on the wall when police instructors
teach this rule to officers who make traffic stops," Alito wrote.



--
Barack Obama, reelected by the dumbest voters in the history of the United
States of America.

Eric Holder, racist black murdering United States Attorney General, still
has his job.

Nancy Pelosi, Democrat criminal, accessory before and after the fact to
improper vetting of Barry Soetoro aka Barack Hussein Obama, a confirmed
felon using SSAN 042-68-4425, belonging to a dead man.

Obama ignored the brutal killing of an American diplomat in Benghazi, then
relieved American military officers who attempted to prevent said murder
in order to cover up his own ineptitude.

Obama continues his goal of disarming America while ObamaCare increases
insurance premiums 300% and leaves millions without health care.

Obama backed the Muslim Brotherhood in Egypt prior to their removal for
failing to represent the people and constitutional violations.

--- news://freenews.netfront.net/ - complaints: ne...@netfront.net ---

D-FENS

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Apr 23, 2015, 3:02:44 PM4/23/15
to
Given that there was "meth" found in the car, the police officer clearly
had probable cause. Ginsbug wants de facto diplomatic immunity for
Hispanic-Latino-Mexican-"undocumented" drug smugglers trafficking meth
across interstate lines. She and the 6-3 majority on the SC should be
impeached, IMHO.

--
Meet the new boogeyman. Same as the old boogeyman.

http://globalgulag.us

David J. Hughes

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Apr 23, 2015, 3:39:30 PM4/23/15
to
Reasonable suspicion, perhaps, probable cause, unlikely, which the SC
decision reflects.

Assuming you own a house, I have a reasonable suspicion that you possess
bomb making materials (water pipes, common household chemicals, typical
hand tools) but I do not have probable cause to have a judge issue a
warrant to search your house for such materials.

Scout

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Apr 23, 2015, 5:33:04 PM4/23/15
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"D-FENS" <D-F...@cox.net> wrote in message
news:mhbfin$vjh$1...@dont-email.me...
If he had probable cause he wouldn't have needed to wait for the dog, but
could have immediately searched the car for it.

Thus since he waited he didn't have probable cause.

QED.


Fred A.

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Apr 23, 2015, 8:25:02 PM4/23/15
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In article <mhbfin$vjh$1...@dont-email.me>
No he didn't. He had no knowledge of the drugs and therefore no
probable cause. He was just fishing.

He illegally detained the spic until a dog could get there.
Wouldn't be surprised if the cop didn't toss the meth in the car
anyway.

Peter Franks

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Apr 28, 2015, 10:25:01 AM4/28/15
to
On 4/23/2015 8:44 AM, Leroy N. Soetoro wrote:
> http://www.nbcnews.com/news/us-news/dog-wont-hunt-cops-cant-keep-you-
> waiting-k-9s-n345746
>
> Cops can't continue to hold a suspect without probable cause even for the
> few minutes they might need to wait for a drug-sniffing dog to show up,
> the Supreme Court said Tuesday.
>
> Justice Ruth Bader Ginsburg wrote for the 6-3 majority that if a traffic
> stop is otherwise completed, holding on to the suspect any longer violates
> the constitutional protection against unreasonable searches and seizures.
>
> The case, Rodriguez v. United States, involves the valid traffic stop of
> Dennys Rodriguez after he swerved over a highway shoulder line in Valley...

Why did the guy 'swerve over a highway shoulder'?

jgkeegan@gmaīl.com

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Apr 28, 2015, 10:30:33 AM4/28/15
to
What difference does that make? If the cops thought it merited a
ticket, they could have written him one and let him proceed. They
didn't suspect impairment, which is why they only issued a written
warning, before waiting for the dog to show up to conduct the illegal
search.

WestBass@gov.com Nik West

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Apr 28, 2015, 11:09:58 AM4/28/15
to


"Peter Franks" wrote in message news:mho55u$h2i$1...@dont-email.me...
#####
He saw a kitten?

Peter Franks

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Apr 28, 2015, 1:28:47 PM4/28/15
to
Cop should assess scene -- are there any kittens around, or any
likelihood that there were? If so, then let the guy go. If not, then
suspect that the guy is withholding material information. Detain until
ascertained. If there is evidence of intoxication or under the
influence, then administer tests and/or 'sniff' the scene/vehicle.

︰ones

unread,
Apr 28, 2015, 4:16:16 PM4/28/15
to
On Tue, 28 Apr 2015 07:25:01 -0700, in talk.politics.guns Peter Franks
<no...@none.com> wrote:

>Why did the guy 'swerve over a highway shoulder'?

A chicken was crossing the road.

Peter Franks

unread,
Apr 29, 2015, 11:43:57 AM4/29/15
to
Cop should assess scene -- are there any chickens around, or any

WestBass@gov.com Nik West

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Apr 29, 2015, 1:28:54 PM4/29/15
to


"Peter Franks" wrote in message news:mhqu5v$ddu$1...@dont-email.me...

On 4/28/2015 1:16 PM, fi...@fubar.com wrote:
> On Tue, 28 Apr 2015 07:25:01 -0700, in talk.politics.guns Peter Franks
> <no...@none.com> wrote:
>
>> Why did the guy 'swerve over a highway shoulder'?
>
> A chicken was crossing the road.

Cop should assess scene -- are there any chickens around, or any
likelihood that there were? If so, then let the guy go. \

###
Funny that. I was coming home from work one day from Reno to Carson, Via
Washoe valley on East Lake Blvd, in my '63 Ford Econoline that I was trying
to restore.
( A co-worker and I drove from Cartoon City, and met up with another
co-worker who lived in Washoe Valley, and we drove/drive-shared to Reno with
his huge 4x4 Dodge.)

Anyway, East Lake Blvd. is a very twisty-turny road with steep hills on one
side, and certain death on the other...if your in a '63 Econoline!

So there we were, driving home one day, and a HUGE RABBIT decided to cross
the road right in front of me, and then stopped like a dumb deer!
My first instinct was to slam on the breaks and steer clear of it, as it
was a living thing.
Then, I quickly decided otherwise, as '63 Ford Econolines handle like a
Chris Craft in Quicksand.
So I held on tight, and HIT it dead on... felt the first thump, and then a
few additional thumps as it stuck to the tires and kept rotating around the
wheel well that happens to be right under my driver's seat.
Dean and I both looked at each other and simultaneously said " Ewww!"
Then he said" Nice hit and driving, But do you think the van is still OK?"

Me: Totaled!



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