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Wayne.B

On Fri, 11 Sep 2009 16:39:18 -0400, wrote:

When I was stopped it wasn't really a question that cold be answered
with a no. It was, can we search your car now or do you want to wait
here for us to get a warrant? They can "search" your car with a dog
without a warrant and if they SAY the dog alerted they have probable
cause even when nothing was found. They can also detain you until the
dog gets there as long as it is a reasonable time (undefined). All
they have to do is look busy processing the traffic stop until the dog
shows up.
ILLINOIS v. CABALLES
They can make everyone get out, be searched and present ID
MARYLAND v. WILSON
They can ask you questions without a Miranda warning on the side of
the road

Has any of that ever been taken all the way to the supreme court?

I once refused to answer any questions at a DUI checkpoint in the NYC
area and got the cop royally ticked off. I couldn't have gotten away
with it if I'd had even one drink prior. I finally gave him a little
speech about the Constitution, Bill of Rights, etc. Eventually he
figured that if I was sober enough to do that, he was probably wasting
his time. My wife was ready to go hide under a rock. :-)

I've always been curious about these south Florida news reports where
someone has "agreed" to let their car be searched. You never hear
about that sort of thing in the NYC area because traffic stops and
drug busts are not generally considered to be news worthy. If it has
already been taken to the supreme court and lost, then I guess there's
no sense in trying to fight it. Otherwise I think we need more
innocent people refusing to allow a search and then following up with
legal action.

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