SUPREME COURT EXPANDS SEARCH LAWS ON AUTOS - Dogs Can Be Used Without Reservation

(01/28/2005)

US citizens are more open to government control since 9-11. In other times, they would be outraged over what many would deem the violation of their constitutional rights. The invasion of private rights held dear by most citizens has sped up, many of them compounded by the Patriot Act. Most want to believe that such powers will only be used against the bad guys. In a broadening of police powers, this week the Supreme Court ruled that police can have dogs check out motorists' vehicles for drugs even if officers have no particular reason to suspect illegal activity. The 6-2 opinion stipulates police dogs may sniff the outside of a car after a motorist is lawfully stopped for a traffic violation, such as speeding or failing to stop at a stop sign. Privacy rights advocates said the ruling will likely lead to far more traffic stops as a way to find drugs. They also warned that the decision could open the door to more expansive searches, from sniffs inside the vehicle to checks of cars parked along sidewalks and pedestrians on the street. The court has long held that traffic stops should be brief since police often use them as a pretext to question motorists about other suspected illegal activity. Critics argue that authorities now will have wide power to check a car without consent, even if a police dog proved to be wrong about the presence of drugs. "Under today's decision, every traffic stop could become an occasion to call in the dogs, to the distress and embarrassment of the law-abiding population," Ginsburg wrote. New Jersey passed legislation requiring police to have valid grounds to use dogs during traffic stops partly because of the danger of racial profiling, singling out people or fishing expeditions at traffic stops.

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