(855) 4-ESSAYS

Type a new keyword(s) and press Enter to search

SHould A K-9 Sniff Be Considered Probable Cause For A Search

            A positive Police K-9 alert after a drug sniff of a particular object should not be considered probable cause for a full search to be conducted. The answer to this question has been argued using many different complex methods. Therefore, a few definitions and some past court findings must be presented. .
             Probable cause has been defined by the U.S. Supreme Court as "the belief by a reasonable and prudent officer that a crime has been committed or is about to be committed (some evidence should be presented to articulate this belief)," (United States v. Ross, 456 U.S. 798). In relation to searches, probable cause is very space specific. For example, let's say an officer obtained probable cause to search someone's house for some computers that were stolen. The officer (with a warrant) only has the right to search places where these computers could be stored, not medicine cabinets, drawers, or envelopes. A search is defined just that - a search of someone's person or property (and for this purpose) without consent.
             It is also accepted that police canines have been extensively trained in detecting narcotics in hidden and visible compartments and are much more reliable than humans at doing this. The canine handlers have also been trained in recognizing the signs a dog gives when alerting on a particular target. .
             The U.S. Constitution's Fourth Amendment addresses a citizen's right to be protected from unreasonable search and seizure by the government. A police dog sniffing the outside of an object in a public place, outside of a public school locker, or the exterior of a vehicle even without a warrant are all considered legal by past finding of the courts (Police K-9 Site). .
             There are two very different sides to the argument of whether or not a police dog's sniff alert should be considered enough evidence to establish probable cause. The first of these is that because of the training and experience of the police dog and it's handler, a positive narcotic "hit" should be enough evidence that would give probable cause for a search (either to obtain a warrant or for a warrantless search.

Essays Related to SHould A K-9 Sniff Be Considered Probable Cause For A Search

Got a writing question? Ask our professional writer!
Submit My Question