When can police use drug dogs?

In Illinois v. Caballes, the Supreme Court ruled that police do not need reasonable suspicion to use drug dogs to sniff a vehicle during a legitimate traffic stop.

This decision stems from the case of Roy Caballes, who was pulled over for speeding and subsequently arrested for marijuana trafficking after a drug dog was brought to the scene and alerted on his vehicle. The Illinois Supreme Court reversed his conviction, finding that a drug sniff was unreasonable without evidence of a crime other than speeding.

But in a 6-2 ruling, the Court held that the Fourth Amendment is not implicated when police use a dog sniff during the course of a legal traffic stop. Justice Stevens wrote the Opinion of the Court, finding that since dog sniffs only identify the presence of illegal items — in which citizens have no legitimate privacy interest — the Fourth Amendment does not apply to their use.

What this ruling means for you

The Caballes ruling authorizes police to walk a drug dog around the vehicle during any legitimate traffic stop. If the dog signals that it smells drugs, police then have probable cause to conduct a search.

However, the ruling does not allow police to detain you indefinitely until dogs arrive. The legitimacy of the traffic stop still depends on its duration. Basically, if police can’t bring a dog to the scene in the time it takes to run your tags and write a ticket, the use of the dog becomes constitutionally suspect. So if you’re pulled over and police threaten to call in the dogs, you are not required to consent to searches.

Usually, the officer won’t have a police dog on hand and he needs reasonable suspicion to detain you while waiting for the drug dog. Before the dog arrives, you have the right to determine if you can leave by asking “Officer, am I free to go?” If the officer refuses and detains you until the dogs come, you have the right to remain silent and refuse to consent to any searches.

If a dog arrives, you have the right to refuse to consent to a dog sniff, even if the officer claims you have to. Be aware that unlocking your car at the officer’s request or handing the officer your keys is the same as consenting to a search. You always have the right to refuse by stating “Officer, I don’t consent to any searches.” (Repeat, if necessary.)

If a judge determines that the officer had no justification to detain you until the dog arrived, any evidence discovered by the dog may be thrown out in court.

What this ruling does not do

Caballes does not constitute a significant change in the constitutionality of dog sniffs. This case essentially clarifies previous rulings in which the Court was reluctant to apply the Fourth Amendment to the use of drug dogs.

The ruling also does not apply to the use of police dogs in situations other than legitimate traffic stops. For example, suspicionless dog sniffs in parking lots or on sidewalks are not authorized by Caballes, and the Court has found random drug checkpoints unconstitutional. Nonetheless, the Court’s “no privacy interest in contraband” doctrine is a nasty one, but it might open up possibilities for future legal challenges.

Possible legal challenges to Caballes

The Supreme Court recently agreed to hear a case that casts doubt on the effectiveness of drug dogs to generate probable cause for a vehicle search. In Florida v. Harris, the Florida Supreme Court ruled that a drug dog’s reliability record must also be considered to determine probable cause.

The case will provide long-due scrutiny to the legal assumption that dogs are reliable contraband indicators. In their dissenting opinion of Caballes, Justices Souter and Ginsburg pointed to studies showing that drug dogs frequently return false positives (12.5-60% of the time, according to one study). A recent Chicago Tribune field study revealed that drug dogs are more often wrong than they are right when alerting for drugs in vehicles. (Worse, police often train their dogs to falsely “alert” on suspected vehicles.)

A high court ruling in favor of Harris would effectively overturn Caballes, because a dog “alert” would no longer be enough to justify a vehicle search.

Medical marijuana and the murkiness of “contraband”

17 states and the District of Columbia have legalized the use of medical marijuana for citizens with a doctor’s recommendation. As such, the Caballes “contraband” distinction fails in states such as California or Colorado where hundreds of thousands of people are legally authorized to possess and use it.

After all, if police dogs are regularly alerting on substances that are no longer illegal, that flips the ”no privacy interest in contraband” doctrine on its head. For example, a vehicle search resulting from a drug dog alerting for marijuana in Mendocino or Boulder is unconstitutional under Caballes. The odor of marijuana can no longer be probable cause, because prior to the search it’s impossible for an officer (or a drug dog) to know whether or not the detected marijuana is contraband or not.

While this defense might not work in federal courts — which have yet to recognize the legal standing of medical marijuana — it could be used to challenge dog searches in states that have legalized medical marijuana.

DHS checkpoints

Are you an American Citizen is that a reason to stop you?

 

Know Your Rights When Encountering Law Enforcement

Know Your Rights

If government agents question you, it is important to understand your rights. You should be careful about what you say when approached by federal, state or local law enforcement officials. If you give answers, they can be used against you in a criminal, immigration, or civil case.

Over the past two years, the FBI, for example, has significantly increased its use of “voluntary” interviews – especially within specific racial, ethnic, and religious communities – often encouraging interviewees to serve as informants in their communities.

The ACLU’s Know Your Rights booklet provides effective and useful guidance in a user-friendly question and answer format. The booklet addresses what rights you have when you are stopped, questioned, arrested, or searched by federal, state or local law enforcement officers. This booklet is for citizens and non-citizens with extra information for non-citizens in a separate section. Another section covers what can happen to you at airports and other points of entry into the United States. The last section discusses concerns you may have related to your charitable contributions and religious or political beliefs. The booklet tells you about your basic rights. It is not a substitute for legal advice. You should contact an attorney if you have been arrested or believe that your rights have been violated.

 

This free booklet is available in English, Spanish, French, Arabic, Urdu, and Farsi. Booklets in these languages are available for download below.

Booklet broken down into its six parts
> Questioning
> Stops and Arrests
> Searches and Warrants
> Additional information for non-citizens
> Rights at airports and other ports of entry into the United States
> Charitable donations and religious practices

Know Your Rights: What To Do If You’re Stopped By Police, Immigration Agents or the FBI

We rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. This card provides tips for interacting with police and understanding your rights.

Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

YOUR RIGHTS
– You have the right to remain silent. If you wish to exercise that right, say so out loud.
– You have the right to refuse to consent to a search of yourself, your car or your home.
– If you are not under arrest, you have the right to calmly leave.
– You have the right to a lawyer if you are arrested. Ask for one immediately.
– Regardless of your immigration or citizenship status, you have constitutional rights.

YOUR RESPONSIBILITIES
– Do stay calm and be polite.
– Do not interfere with or obstruct the police.
– Do not lie or give false documents.
– Do prepare yourself and your family in case you are arrested.
– Do remember the details of the encounter.
– Do file a written complaint or call your local ACLU if you feel your rights have been violated.

If You Are

 

IF YOU ARE STOPPED FOR QUESTIONING
Stay calm. Don’t run. Don’t argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.
Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.
You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
You do not have to consent to a search of yourself or your belongings, but police may “pat down” your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

IF YOU ARE STOPPED IN YOUR CAR
Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
Upon request, show police your driver’s license, registration and proof of insurance.
If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS
You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)
If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.
Do not lie about your citizenship status or provide fake documents.

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME
If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.
Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.
Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

IF YOU ARE CONTACTED BY THE FBI
If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.
If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

IF YOU ARE ARRESTED
Do not resist arrest, even if you believe the arrest is unfair.
Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.
You have the right to make a local phone call. The police cannot listen if you call a lawyer.
Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.
Special considerations for non-citizens:
– Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.
– Don’t discuss your immigration status with anyone but your lawyer.
– While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.
– Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

IF YOU ARE TAKEN INTO IMMIGRATION (OR “ICE”) CUSTODY
You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.
You have the right to contact your consulate or have an officer inform the consulate of your arrest.
Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.
Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.
Remember your immigration number (“A” number) and give it to your family. It will help family members locate you.
Keep a copy of your immigration documents with someone you trust.

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED
Remember: police misconduct cannot be challenged on the street. Don’t physically resist officers or threaten to file a complaint.
Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).
File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.
Call your local ACLU or visit www.aclu.org/profiling.

This information is not intended as legal advice.
Produced by the American Civil Liberties Union 6/2010

Vermont: Federal Lawsuit Challenges Bogus Traffic Stop

ACLU files federal lawsuit against Vermont police officer for writing a bogus traffic ticket and lying about it in court.

MacIver traffic stopA man slapped with a bogus traffic ticket in Shelburne, Vermont is fighting back against the police officer who issued it. With the help of the American Civil Liberties Union of Vermont, Rod MacIver filed a suit in the US District Court for the District of Vermont on Thursday over the December 9, 2012 traffic stop. Officer Jason P. Lawton pulled over MacIver’s truck and accused him of running a red light, even though a dashcam video of the incident confirms that did not happen (view video). When MacIver began arguing with Officer Lawton, he was slapped with a $214 ticket and two points against his driver’s license.

“What Rod encountered is everyone’s nightmare,” said Vermont ACLU executive director Allen Gilbert said in a statement. “He was out at night, alone, and was stopped by a cop who accused him of doing something he hadn’t done. And when he told the cop that he hadn’t broken the law, he got a ticket for arguing.”

Lawton then filed a complaint about the rookie officer with the Shelburne Police Department, and Sergeant Allen Fortin emailed Lawton back claiming that he had reviewed the video and it showed a violation.

“I reviewed this tape you were in violation and when you were stopped you asked (screamed at) the officer to issue you the ticket so please feel free to contest the ticket,” Fortin wrote in the email. “I would like the judge to see your actions at the time of the stop and see what we have to deal with.”

Weeks later, after being a charged a $45 fee, Lawton obtained the video which clearly showed he legally entered the intersection of Allen Road and Route 7 while the light was yellow. Officer Lawton testified in court that Lawton broke the law. At the March 6 hearing on the case, MacIver showed the video and the judge was angry that the officer had seen the video before entering the courtroom but continued to say MacIver ran a red light.

“Please explain to me why you testified under oath that the light had turned red before he entered the intersection?” Superior Court Judge Howard A. Kalfus asked Officer Lawton.

Officer Lawton said he testified to what he thought happened, which was different from what actually happened. MacIver was found not guilty, but he was not willing to let the police department get away with this bad conduct.

“He lied to me,” MacIver explained in court. “He didn’t see me go through a red light. He didn’t like my attitude, so he gave me a ticket for that, and I’m extremely unhappy about it. I’m particularly unhappy because Sergeant Fortin tried to cover it up, and it makes me think that there’s a pattern of abuse in the Shelburne Police Department that’s totally inappropriate.”

The lawsuit alleges Officer Lawton illegally seized MacIver in violation of his Fourth Amendment rights and then violated his First Amendment rights by ticketing him for arguing over the bogus stop. He seeks a jury trial on the matter.

Federal trial begins for ex-Danville cop tied to so-called ‘dirty DUI’ setups

20130819_074930_tanabe_500

2011: Stephen Tanabe, left, with his attorney Dan Russo, leaves Superior Court in Walnut Creek, Calif., after pleading not guilty on CNET-related charges

 

SAN FRANCISCO — A federal prosecutor told jurors Monday that former Danville police Officer Stephen Tanabe set up men for drunken driving arrests on three occasions in exchange of 3.5 grams of cocaine and an expensive Glock pistol.

“To put it more bluntly, he sold his badge,” Assistant U.S. Attorney Philip Kearney said in his opening statement at the trial for the four-year Contra Costa County sheriff’s deputy, ¿who was arrested in the wake of a 2011 police corruption scandal centered around former Concord private investigator Christopher Butler and ex-Contra Costa Narcotics Enforcement Team commander Norman Wielsch. Both are serving time in federal prison.

Tanabe, 50, of Alamo, is charged with seven conspiracy and extortion counts for allegedly taking bribes from Butler, the government’s star witness at Tanabe’s trial. Butler told a judge last fall he took money from women eager to set up their estranged spouses for DUI arrests for leverage in messy divorce and child custody cases. Butler & Associate employees, often assertive, attractive women, would get their targets drunk, encourage them to drive, and then tip off local police to their location on the road. They called them “dirty DUIs.”

Tanabe, who befriended Butler when they both served on the Antioch police force in the mid-1990s, knowingly participated in the scam three times in late 2010 and early 2011, Kearney said.

It is true Tanabe had an active role in those three arrests, said defense attorney Tim Pori, but at no point did Tanabe take a bribe — drugs, guns or otherwise.

Pori painted Tanabe as a family man and hardworking officer for Danville, where police services are provided by the sheriff’s office under contract and DUI arrests are a late-night patrol officer’s bread and butter.

The Danville police force gives its officers “performance objectives” in which they are rewarded for DUI arrests, Pori said, and Tanabe had a duty to make such arrests himself or to alert his fellow officers to drunks on the road when he himself was off duty.

The government has more than 25 people on its witness list, including Butler and his former employees integral to the setups, whom Pori told jurors cannot be trusted. He listed the witnesses’ past transgressions, some illegal, others unethical.

Tanabe, Pori said, was thrown under the bus by Butler, “a master manipulator” who was caught on video selling stolen drug evidence. Butler needed to name names to the government to shave years off the stiff sentences he was facing. “The government’s case is going to fall on its face when you hear the cross-examination of these witnesses,” Pori said.

The U.S. attorney’s office¿ tried to convict Butler for the dirty DUIs as well, but the charge didn’t stick because Butler, unlike Tanabe, wasn’t a sworn officer when they were carried out.

The first prosecution witness takes the stand Tuesday.

Contact Malaika Fraley at 925-234-1684. Follow her at Twitter.com/malaikafraley.

Know Your Rights

WHAT TO DO IF YOU’RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI

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COPS LIE, IT’S A FACT!

This cop here just may a false traffic stop, lied about probable cause and issued a ticket on a lie. Why is that they are trusted and their word is better than yours? The courts system is broke and does not work because we have dishonesty cops. Every ticket should have to show video of the violation, then you will see less dirty traffic stops. Whoever this cops is he should be fired. Video courtesy of policecrimes.com

Forney police release video of George Zimmerman’s traffic stop

We try to provide you information as a means of education, power and as way to better prepare and protect yourself from dirty cops. Here is an example of dirty cops showing that the law does have problems because if this was a patch member that just told a cop he has a loaded firearm in his car or on his bike who was just in shooting someone just or not, that patch member would be on the ground at gun point.  Read it for yourself amke your own decision.

zimstop

Two weeks after a Florida jury found George Zimmerman not guilty of second-degree murder and manslaughter in the Fenruary 2012 shooting death of Trayvon Martin, Zimmerman was in Forney, being pulled over by police there.

According to inForney.com, Zimmerman was stopped Sunday heading west on US Highway 80 just past FM 548. TMZ is reporting that when he was pulled over, Zimmerman told officers he had a gun in his glove compartment.

When contacted by The Dallas Morning News, Forney police would not immediately confirm; they asked instead for a public-records request concerning the incident. They eventually sent a report that shows he received a verbal warning. The document, which contains Zimmerman’s birthdate, says the Floriday resident was pulled over at 12:47 p.m. Sunday in a gray 2008 Honda; it doesn’t say how fast he was traveling. inForney.com and TMZ feature different screengrabs from a dashcam video said to stem from the traffic stop. The truck in question appears to have Florida plates, confirmed by the police report.

inForney.com says the officer asked Zimmerman where he was headed. His reply: “Nowhere in particular.”

“Nowhere in particular,” said the officer, according to inForney.com. “Why is that?”

“You didn’t see my name?” said Zimmerman.

“Wow,” said the officer, “what a coincidence.”

According to KTVT-Channel 11, “At some point Zimmerman asked the officer if he recognized him from television, and the officer said he did not.”

The documents provided by Forney say the officer ran Zimmerman’s records to make sure he had no outstanding warrants, then cut him loose after four minutes. The officer told Zimmerman to “just take it easy, go ahead and shut your glove compartment and don’t play with your firearm, OK?”

Zimmerman has more or less disappeared since the not-guilty verdict, save for a July 22 incident in Florida involving a family trapped in an overturned SUV. His legal team has this and only this to say on the traffic stop: “For his safety, we won’t make any comments about Zimmerman’s whereabouts, and we will work to protect his privacy.”

Source: Dallas News.com

DUI checkpoint video show the truth about COPS violating people’s rights and how they lie


See here is where the issues lie, cops do illegal searches and seizures everyday, no can catch them doing because because they use their power to hide, lie, destroy evidence of their wrong doings. During this video we need for the media to come out from behind there certain which they are hiding behind and catch them and then play it on the news like they do with everyone else.

I don’t trust cops one bit because they are just like everyone else. There is good and bad in every company or organization out there. The reason we don’t catch more cops is because they do this right here. This video clearly shows they violate people’s rights, lie about it, hide off camera, and cover it up. All while wearing their badges and uniforms. Protect yourself how ever you can from Police who feel it is ok to violate people’s rights.

https://www.facebook.com/photo.php?v=600492619983397&set=vb.112945508738113&type=2&theater