Thursday, June 15, 2017
If an officer pulls over a car for a traffic violation and suspects the car has drugs, but he can’t get the drug-sniffing dog to come in time to sniff it, can the officer end the traffic stop and call ahead to another police officer to get a dog and watch for the car to pull it over for a second violation? Specifically, if the second officer gets a dog and spots a second traffic violation, can the second officer pull over the car and use the drug-sniffing dog to get probable cause to search the car?
This is why I hate constitutional law. The Court will vote on essentially political grounds then come up some reason why it is or is not (or in the case of the dissenters, why it is not or is) a lawful search. But I suppose you have to do this if you're going to draw a line. It's like two farmers who own the land around their respective cottages dividing up the land between them. What the line ultimately reflects is their respective power. I know this makes me sound like a Crit. Sorry.