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$ Blow $
From CrimPro reading:Stephen A. Saltzburg and Daniel J. Capra, American Criminal Procedure: Cases and Commentary, 7th ed. So everyone who says they don't care about declines in civil liberties, because they've got nothing to hide, well, you can just put that in your pipes and smoke it. (Sorry I couldn't resist.) Of course, this doesn't seem to matter to the SCOTUS, which yesterday said in Illinois v. Caballes (PDF) that during a lawful traffic stop the police can have a dog sniff search your car (on the outside, anyway) because the only thing the dog could find would be something no one has a right to possess. Sniff. Sniff. I wonder if the ruling would change if the police held you for half an hour while they waited for the dog to arrive...There are trace amounts of cocaine on almost all of the money supply in America (62).
Posted January 25, 2005 06:24 AM | 2L
' I wonder if the ruling would change if the police held you for half an hour while they waited for the dog to arrive'
No no. You can wait 2 hours for the dog to arrive or you can consent to a search right now. Common. you got nothing to hide right?
Posted by: luminous at January 25, 2005 08:15 AM
As a matter of fact, it does matter, or at least it did up until Caballes. I raised the delay issue on a motion to suppress at the trial level in this case (which we won):
http://caselaw.lp.findlaw.com/data2/idahostatecases/app/1006/zavala.pdf
It's a PDF file, but it's pretty short, and it has this fun footnote:
"I seriously doubt that the Clark W. Griswold family, on their way from Illinois to Walley-World in the borrowed family truckster (a reference to the hit comedy movie NATIONAL LAMPOON’S VACATION, with Chevy Chase, Warner Bros. 1983), would face such an array of police interest and interdiction, including “Gunnar” the drug dog."
Posted by: Skelly at January 25, 2005 08:35 PM
*Illinois v. McArthur* would suggest not.
Posted by: Sarah at January 27, 2005 11:07 PM
