How to Handle this? (1 Viewer)

[Cyclones]

So, my girlfriend is from a small town in Kentucky - middle of nowhere, no walmart, a couple of fast food restaurants, and one grocery store.

While there this weekend, we came out of said grocery store and upon approaching our car, a county policeman was near it. As I tried to approach it and get in, he says "hold on, she's working," at which point I see a dog sniffing around the car. I calmly told him he had no right to do this, and certainly not to prohibit us from entering the vehicle. He replied that it was private property and he had been given permission by the store owner to search cars parked in the lot.

I quickly became less calm and approached the drivers door, and he told me to back off until she was finished. I told him he'd have to arrest me to keep me from getting in the car - at this point, he pulled the dog back, we got in, and drove off. As we pulled out we noticed that he had moved on to the vehicle beside us and was doing the same thing.

Naturally I was irate - we called the PD, and since it was the weekend they took a message. They called me back today and told me that the office was conducting a training exercise with the dog, and since it was private property and the owner had given permission, it was all kosher. I asked what they would do if the dog "hit" on the car, and was told that wasn't any of my business.

What's my next move here? I'm 99% positive that this is BS. Thinking of calling the State Attorney next, but not sure who the call should be made to.

 

[jamny]

Open a beer and watch a movie

 

[Foosball God]

You probably should just light one up and chill out.

 

[fantasycurse42]

Sleep with the dog's mom!

 

[Cyclones]

You probably should just light one up and chill out.

Well yeah, I did that already, but I'm still steamed about it. Like many small Kentucky towns, lots of drugs flow through that town, so I am assuming they are using this as a guise to bust people in the hopes that they can get away with it.

 

[JAMES!]

Attica!!

 

[TheIronSheik]

What's my next move here?

Start hiding money.

 

[Scoresman]

put a banana in the cop's tailpipe.

 

[belljr]

buy a dog and have it sniff the sheriffs car,

next time park in the street

 

[Stinkin Ref]

I'm interested in actually finding out if this is legal.....

 

[Cyclones]

I'm interested in actually finding out if this is legal.....

Me too, was hoping one of our lawyers or constitutional experts would weigh in before I make an ### of myself.

 

[belljr]

how do we know it wasnt a bomb dog

 

[Cjw_55106]

I dont think the State Attorney is the place to make the complaint, although they might be able to tell you who to contact. I cant believe this is legal, despite the permission from the owner. A business owner can not grant permission to do a search on your vehical.

 

[Nathan R. Jessep]

What's my next move here?

Start hiding money drugs.

 

[Cyclones]

What's my next move here?

Start hiding money drugs.

 

[belljr]

according to googles supreme court says legal

 

[jomar]

how is anyone suppose to give advice without a pic of the gf?

 

[TheIronSheik]

I'd save the dog.

 

[Abraham]

I'm interested in actually finding out if this is legal.....

How would it not be legal? The policeman was in a public place with his K9. He didn't stop OP from getting in the car or arrest him or anything else. Sure, it seems odd but nothing illegal seems to have happened. If the dog had a hit and OP had ended up arrested that would be a different story. But essentially nothing happened.

 

[Officer Pete Malloy]

Drug dogs are a scam. No shtick.

 

[Zow]

I'm interested in actually finding out if this is legal.....

It's legal.

The watered-down standard is essentially that the cops, acting without probable cause, can do whatever would be reasonably foreseeable that an ordinary citizen could do. Since an ordinary citizen could have his dog sniff around some cars in a grocery store parking lot, so can the cop.

If the cop prevented him then he'd possibly be entering into unlawful territory.

 

[Zow]

I'm interested in actually finding out if this is legal.....

How would it not be legal? The policeman was in a public place with his K9. He didn't stop OP from getting in the car or arrest him or anything else. Sure, it seems odd but nothing illegal seems to have happened. If the dog had a hit and OP had ended up arrested that would be a different story. But essentially nothing happened.

No lawyer needed here. Abraham nailed it.

 

[Zow]

I'm interested in actually finding out if this is legal.....

Me too, was hoping one of our lawyers or constitutional experts would weigh in before I make an ### of myself.

It's always best to consult an attorney in your jurisdiction, but I see no immediate legal recourse for you here.

 

[seahawk 17]

put a banana in the cop's tailpipe.

Well played.

 

[Officer Pete Malloy]

I would have said "Oh, it's a training exercise?" Then I would have whistled and made smoochy noises to distract the dog. Maybe taken some food an offer it to the dog. Some cold-cuts or something.

 

[VA703]

I would have said "Oh, it's a training exercise?" Then I would have whistled and made smoochy noises to distract the dog. Maybe taken some food an offer it to the dog. Some cold-cuts or something.

I would have smothered peanut butter on my johnson

 

[[icon]]

Vehicle Searches

A canine sniff of the exterior of a vehicle is not a search. The vehicle must be lawfully detained, such as a traffic stop, roadblock, etc.

If the vehicle is parked in a public place, random and suspicionless dog sniffs of the exterior is not a search.

An investigative stop and/or detention of a vehicle for an exterior canine sniff, must be supported by reasonable suspicion or consent. Drug courier profile, without more, does not create reasonable suspicion. Failure to consent to search cannot form any part of basis for reasonable suspicion.

If you tell a person that a canine unit or drug dog is being requested, the person is detained. Consent may not be requested.

Once the canine sniff produces a positive alert, this alert establishes probable cause.

Under the automobile exception to the search warrant requirement, all parts of the vehicle may be searched without a warrant.

The dog may be used for the interior search (after the positive canine alert on the exterior).

You may impound and tow the vehicle to a different location and continue the warrantless search of the vehicle there.

If, after a positive canine alert on the exterior of the vehicle, no contraband is located in the vehicle, you may conduct a “search incident to arrest” search of the occupants.

Lots of case law here >

Given how easy it is for handlers to trigger a false alert, this is pretty much BS, but welcome to America.

 

[Officer Pete Malloy]

I would have said "Oh, it's a training exercise?" Then I would have whistled and made smoochy noises to distract the dog. Maybe taken some food an offer it to the dog. Some cold-cuts or something.

I would have smothered peanut butter on my johnson

What if the cop doesn't like peanut butter?

 

[Sarnoff]

Kentucky - middle of nowhere

How "middle of nowhere"? Something like 75% of the population of this country is in the "Fourth Amendment-Free Zone", which extends 100 miles in from all borders and shorelines.

Edit: Looks like all of Kentucky is fully outside the Zone, so you still have some protections against warrantless vehicle search. Parts of West Virginia are in the Zone, but it doesn't extend up the coastal river system (as far as I can tell) to catch any of Kentucky in the area.

 

[IvanKaramazov]

This is why you should always save the stranger, not the dog.

 

[Vike Me]

put a banana in the cop's tailpipe.

We're not going to fall for a banana in the tailpipe.

 

[Stinkin Ref]

so what I am gathering is cops can dog sniff any car at any time parked in a public area or any car at any time parked in private area with consent of property owner?

what type of proof/documentation do they have to have from the property owner giving permission....?

 

[VA703]

I would have said "Oh, it's a training exercise?" Then I would have whistled and made smoochy noises to distract the dog. Maybe taken some food an offer it to the dog. Some cold-cuts or something.

I would have smothered peanut butter on my johnson

What if the cop doesn't like peanut butter?

but its crunchy peanut butter.. has nuts

 

[Cyclones]

I guess my problem is that the cop's initial instruction to me was to not enter my car - I refused to comply and ultimately he let me get in the car and drive off.

The problem I have is that some, or even many, people would just do what he says - let's say he gets a hit on the car, and that leads to some sort of surveillance or something similar that ultimately leads to a search of my property. That doesn't seem right.

 

[ChiefD]

I would have said "Oh, it's a training exercise?" Then I would have whistled and made smoochy noises to distract the dog. Maybe taken some food an offer it to the dog. Some cold-cuts or something.

I would have smothered peanut butter on my johnson

What if the cop doesn't like peanut butter?

He could hang a donut on it.

 

[Cyclones]

Kentucky - middle of nowhere

How "middle of nowhere"? Something like 75% of the population of this country is in the "Fourth Amendment-Free Zone", which extends 100 miles in from all borders and shorelines.

Edit: Looks like all of Kentucky is fully outside the Zone, so you still have some protections against warrantless vehicle search. Parts of West Virginia are in the Zone, but it doesn't extend up the coastal river system (as far as I can tell) to catch any of Kentucky in the area.

Estill County

 

[gianmarco]

I would have started walking around his car, sniffing it, and overall just given it a proper inspection as well.

 

[IC FBGCav]

Next time you guys should just whip them both out and measure.

 

[SeaDogStat]

You were probably safe as long as you didn't buy any Skittles and Arizona Iced Tea...

 

[Wrigley]

Get the #### out of KY

 

[jon_mx]

There could be a racial profiling angle here. Was your car black?

 

[Scoresman]

sounds like you've got something to hide.

 

[Phil Elliott]

put a banana in the cop's tailpipe.

We're not going to fall for a banana in the tailpipe.

It should flow out, like this - "Look, man, I ain't fallin' for no banana in my tailpipe!"

 

[Stinkin Ref]

so with permission if needed or without permission if not needed.....cops could go through the parking lots of concerts/football games/shopping malls/hotels/restraunts etc.....with drug sniffing dogs searching every vehicle....

wow

 

[NCCommish]

Drug dogs are a scam. No shtick.

Yep

 

[Fennis]

I'm 99% positive that this is BS.

I'm 100%

 

[NCCommish]

so with permission if needed or without permission if not needed.....cops could go through the parking lots of concerts/football games/shopping malls/hotels/restraunts etc.....with drug sniffing dogs searching every vehicle....

wow

Luckily dogs are the equivalent of a coin flip so even if they did that they'd get a lot of false positives and they would miss several real positives. It would be a waste of time on a monumental scale.

 

[Witz]

The police department was closed for the weekend in Kentucky? Hope the bad guys aren't reading this thread.

 

[Fennis]

complain to the grocery store

 

[T Bell]

I'm interested in actually finding out if this is legal.....

My car's smell has the right to privacy!!!!!!