U.S. Supreme Court hears arguments in Nebraska traffic-stop case

[Omaha Steve]

Source: Omaha World Herald

By Alissa Skelton

The U.S. Supreme Court heard oral arguments Wednesday from a Nebraska public defender challenging the length of time that officers can hold drivers during traffic stops involving drug-sniffing dogs.

Shannon O’Connor, a federal public defender in Nebraska, told justices that his client, Dennys Rodriguez, should not have been held after officers issued him a written warning.

O’Connor argued that a traffic stop ends when an officer issues a ticket or warning and that the stopped individual should then be allowed to leave.

Justice Samuel Alito said following O’Connor’s logic could encourage police to simply delay the issuance of tickets.

FULL story at link.

Related Story also at link.

Nebraska traffic-stop case headed to U.S. Supreme Court

Read more: http://www.omaha.com/news/crime/u-s-supreme-court-hears-arguments-in-nebraska-traffic-stop/article_ef7e8903-d2a5-5810-946b-b17cd2fbd64d.html

[ColesCountyDem]

1. Interesting legal question, but...

I'm not optimistic, given the Roberts' court's penchant for trashing the 4th Amendment.

[Nye Bevan]

12. They did rule 9-0 that police cannot search a cellphone without a warrant.

http://www.cnn.com/2014/06/25/justice/supreme-court-cell-phones/

[ColesCountyDem]

15. Even a stopped clock is right twice a day.

[Archae]

2. Also it should be considered the unreliability of drug-sniffing dogs.

I'm thinking of that guy who was "sniffed out" by a dog, yet even after being hospitalized and given enemas, no drugs.

[cstanleytech]

3. Ya thats case but whats the overall % of cases where the dogs detect drugs and that they then dont

find any?
Not saying the police giving the person the enemas were right mind you because I believe that was a violation of their rights but I am just talking the overall failure rate of the dogs falsely detecting drugs.

[SkyDaddy7]

5. Like almost everything in the criminal justice areana...

NOTHING HAS EVER BEEN SUBJECTED TO SCIENTIFIC SCRUTINY!!

Hardly any forensic techniques used to put people in prison to the success rate of drug dogs has ever been studied to see just how reliable they are...Police refuse to subject their K-9s to such studies because they know the success rates are not what they claim & it would call into question their number one method of violating people's privacy & the US Constitution!

[cstanleytech]

6. So what is the success rate then?

[SkyDaddy7]

8. No one knows! That was my point...

Registered police dogs have NEVER been subjected to scientific study to see just how effective they really are.

[cstanleytech]

9. So no one knows but then you say "they know the success rates are not what they claim"

[SkyDaddy7]

10. give me another reason why...

LE across the country refuses open scientific examination into how effective drug dogs are?

Is this really that hard for you to follow?

[cstanleytech]

11. They might be afraid that such an examnination could reveal ways to fool the dogs

rendering them 100% useless, thats just a guess though.

[christx30]

13. Quick google shows this story from

dailykos:

http://www.dailykos.com/story/2013/12/22/1264609/-Are-drug-sniffing-and-bomb-sniffing-dogs-just-props

TL;DR, the dogs have a failure rate of 85%

[cstanleytech]

16. Thats a pretty substantial failure rate. nt

[christx30]

17. No arguement here at all.

Which is why searches based only on a dog alerting on a car isn't cool with me.

[Comrade Grumpy]

4. I was detained on the side of I-70 in Utah for 45 minutes waiting for a drug dog.

Pulled over on a pretext: Changed lanes on a fairly empty interstate "without waiting two full seconds after turning on turn signals to change lanes."

Warning ticket issued.

Then interrogated about where I had been.

Then asked for permission to search my vehicle. No thank you.

"Am I free to go?"

"No, we're bringing a drug dog."

"Am I under arrest?"

"No."

"Am I free to go?"

"No."

WTF?!

Forty-five minutes later the drug dog arrives. I get busted for possession of a small amount of weed. Not jailed, but released. Had to go back to Utah weeks later to plead guilty. Cost me $1500 for a lawyer, $500 in fines, no jail time, but I had to fill out a stupid anti-drug coloring book, and my license to drive was suspended in Utah (only) for six months. No sweat on that count; I can find plenty of reasons to stay out of that shit hole of a state for six months.

I could have been the guy taking this to the Supreme Court. If I'd only had a few thousand more to pay for the appeals.

[cstanleytech]

7. If it happens again counter them by asking them

"Do you mind if I videotape you searching and post it on youtube for all to see?" before asking them if you are free to go.

[Nye Bevan]

14. Do you mind saying what you think made them suspicious that you had weed?

Do you think they smelt it? Whatever it was, that sucks and you have my sympathy.