Actually, this case makes a certain twisted sense …
Police always claim that police dogs are officers when evidence supression is discussed. If the dog is an “officer”, then scent evidence without probable cause is admissable. If the dog is not an “officer”, then the dog would be a “detection device” in excess of the policemen’s normal senses, and would require a warrant to use.
The police must either admit the dog is property, and thus cannot be used for warrentless searches, or maintain that the dog is an officer, and allow the suit to go forward … which will probably mean the convict will own an $8000 police dog, and can either sell it, or have it put down.
December 14th, 2005 at 11:02 pm
That’s what lawyers do these days. Sue anyone with legs in the hope that someone will settle to get rid of the lawyer.
December 15th, 2005 at 1:32 pm
Actually, this case makes a certain twisted sense …
Police always claim that police dogs are officers when evidence supression is discussed. If the dog is an “officer”, then scent evidence without probable cause is admissable. If the dog is not an “officer”, then the dog would be a “detection device” in excess of the policemen’s normal senses, and would require a warrant to use.
The police must either admit the dog is property, and thus cannot be used for warrentless searches, or maintain that the dog is an officer, and allow the suit to go forward … which will probably mean the convict will own an $8000 police dog, and can either sell it, or have it put down.