The Soapbox

southdenverhoo

Joined: 10/11/2001 Posts: 13252
Likes: 17832


Do airlines do that, or does the DEA? Been a long time since I was


involved in a drug-sniffing dog case but as I recall the exception from the warrant requirement derives from the "plain view" exception.

While I defer to Old Dorms Rule in these matters, I'll take a hack at it. You don't have an expectation of privacy in the drugs you left in plain view on your console, and similarly, allegedly, you don't have a privacy expectation in drug odors emanating from your suitcase in "plain smell" of the drug dog.

At that point of the dog alerting, the warrant exception of "probable cause plus exigent circumstances" (sometimes erroneously, per my old Crim Pro prof, Charlie Whitebread, called the "automobile exception" because it's a) broader than just automobiles and also b) narrower than, "because it's an automobile there's no need for a warrant" despite what the cops think) kicks in, the "exigent circumstances" derived from the easy transportability of the suitcase or backpack.

Seemed like horseshit to me back in the '70s, but we've moved so much further to the right since then that it seems almost quaint.

(In response to this post by Cold Hoober Hoo)

Posted: 05/11/2022 at 11:59AM



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Current Thread:
 
  
Georgia police go full racist -- HptHokie 05/10/2022 9:31PM
  Yeah, but they were doing it while black ** -- Hoo TV 05/10/2022 10:47PM
  That’s the suspicious part ** -- TomGlansAski 05/11/2022 01:14AM
  Uppity, too, ... college even ** -- Hoo TV 05/11/2022 08:29AM
  Even worse ** -- TomKazanski 05/10/2022 10:46PM
  But no ticket was issued. ** -- 111Balz 05/11/2022 07:18AM
  Your argument? Why yes, that’s right ** -- TomGlansAski 05/11/2022 01:15AM
  Not until after pulling them over. Read the article from -- Cold Hoober Hoo 05/11/2022 09:14AM
  Smh ** -- 111Balz 05/11/2022 09:18AM
  State troopers should not be able to pull over a bus -- BocaHoo91 05/10/2022 10:27PM
  I agree 100%. But these drug dealers are using buses -- Cold Hoober Hoo 05/10/2022 10:33PM
  Difference is all those packages are searched by dogs before -- Cold Hoober Hoo 05/10/2022 10:58PM
  Dude don’t you watch Locked Up Abroad lol. -- Cold Hoober Hoo 05/10/2022 11:07PM
  Actually it can still be racially motivated -- Zhoo 05/10/2022 10:54PM
  Terrible policing regardless ** -- hooshouse 05/10/2022 10:50PM
  Yep. That’s all it was Tom - fuck you ** -- HptHokie 05/10/2022 9:43PM

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