Category Archives: Check Point Rights

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Drugs or No Drugs, K-9s Will Alert to Your Car Nearly Every Time

Bloomington, IL — Police are now speaking out about a decision from the 7th U.S. Circuit Court of Appeals, which ruled that drug dogs signal for drugs nearly every time they are sent to sniff a vehicle or home. This decision shows that police dog searches are not legitimate and that they are just used as a pretense for officers to violate the rights of innocent people.

The case stemmed from a 2010 traffic stop in which 20 kilograms of cocaine were found in a vehicle after a search from a police dog named “Lex.”

The suspect ended up taking the case to court, and while his sentence was upheld, some very interesting points were uncovered during the investigation.

It was revealed that Lex, the drug dog in question, signaled for drugs 93% of the time, even when there were no drugs present. These findings show that dog sniffs are not accurate and are simply used as a tool to justify a full police search. The findings also indicated that Lex was incorrect roughly 40% of the time.

“Lex’s overall accuracy rate … is not much better than a coin flip,” the ruling stated.

Now the police are speaking out against the ruling, saying that Lex was at the bottom of his class and not a good representation of how most police dogs operate.

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If Ever there is an Award Given Out for Flexing Your Rights, We Nominate this Guy

“Can I ask you a question sir? Did you swear an oath to uphold the Constitution?”

With multiple cameras and microphones, and a knack for flexing rights, these guys know how to perform when going through an unconstitutional DUI checkpoint.

Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.

Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.

This is how you successfully flex your rights at a DUI Checkpoint!

Massachusetts Supreme Court smell of marijuana not enough to search a car.

In a move that has state police in an uproar, the Massachusetts Supreme Judicial Court yesterday ruled that the smell of unburned pot in a car isn’t enough of a reason for cops to search it because the state decriminalized small amounts back in 2008. Basically: because some amounts of pot possession aren’t a crime, the cops can’t use the smell of weed to justify their search.

Not only that, but the court pointed out that they made a similar ruling three years ago, deciding that the smell of raw weed wasn’t enough to justify the search of someone on the street. According to the judges: the police should “focus their attention elsewhere.”

“The 2008 initiative decriminalized possession of one ounce or less of marijuana under State law, and accordingly removed police authority to arrest individuals for civil violations,” Justice Barbara Lenk wrote in the unanimous ruling. “We have held that the odor of burnt marijuana alone cannot support probable cause to search a vehicle without a warrant … we hold that such odor, standing alone, does not provide probable cause to search an automobile.”

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What are my rights at various “checkpoints”? Police Misconduct

There are four general types of checkpoints you might encounter: DUI checkpoints, US border checkpoints, drug checkpoints, and TSA checkpoints. In a legal sense, they are not all created equal. So depending on which one you encounter, you’ll want to be prepared to flex your rights appropriately.

DUI Checkpoints

Sobriety checkpoints — also known as DUI checkpoints — are the most common roadblocks you might encounter. They function as a general purpose investigatory tactic where police can get a close look at passing motorists by detaining them briefly. A roadblock stop is quick, but it gives police a chance to check tags and licenses, while also giving officers a quick whiff of the driver’s breath and a chance to peer into the vehicle for a moment.

Remember that your constitutional rights still apply in a roadblock situation. Though police are permitted to stop you briefly, they may not search you or your car unless they have probable cause that you’re under the influence or you agree to the search. As such, you are not required to answer their questions or admit to breaking the law.

Since the Supreme Court’s ruling in Illinois v. Caballes police have more leeway to use drug-sniffing dogs in roadblock situations. There’s no need to waive your rights simply because dogs are present. But be advised that your legal options are limited if you’re arrested as a result of a dog sniff during a roadblock.

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