(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

1. Probable Cause, Search And Seizure

What is "probable cause"? ... Gates pointed out that an informant's knowledge should be taken into account but not rigidly applied. ... Probable cause gives an officer more than the right to search or arrest. ... Probable cause or a search warrant does not leave the door open for police to search everything. ... Certain types of searches made without a warrant are allowed, sometimes without probable cause. ...

  • Word Count: 2671
  • Approx Pages: 11
  • Has Bibliography
  • Grade Level: Undergraduate

2. The Fourth Amendment

The Fourth Amendment should protect everyone from illegal searches. ... Any search of the person, home, automobile, and any other belongings without probable cause' or a valid search warrant is an invasion of privacy. ... The things are it needs to have a probable cause and be specific describing the place to be searched and the persons or things to be seized, supported by oath or affirmation from a reputable source or a person who should be believed, has to be signed by a judge, and needs to be done by the member of the executive branch. ... They did have a search warrant, but the warra...

  • Word Count: 1406
  • Approx Pages: 6
  • Grade Level: High School

3. Fourth Amendment - Checkpoints and Roadblocks

During this time, Officers typically lack probable cause as prescribed by the Fourth Amendment for search and seizure. ... (a) Border agents are allowed to search your belongings without probable cause, but need to have reasonable suspicion before search of electronics. ... Customs and Border Protection agents who are a part of the Department of Homeland Security are permitted to search you and your belongings without probable cause or a search warrant. ... However, the court has held the balancing test is more appropriate in determining reasonable search than the probable cause standard. ....

  • Word Count: 1159
  • Approx Pages: 5
  • Grade Level: High School

4. Search And Seizure

The Supreme Court argued that evidence gathered in an illegal manner, without probable cause or without a search warrant, should be excluded from criminal trials. ... The logic followed that if police understand that evidence seized in a manner that violates any of the provisions of the Fourth Amendment will be excluded from court proceedings, they will less likely conduct searches without warrants or without probable cause. ... The Fourth Amendment can also be read as allowing searches and seizures that are considered reasonable. ... For example, assume that a mall security guard lacking prob...

  • Word Count: 1443
  • Approx Pages: 6
  • Grade Level: Undergraduate

5. roadblocks illegal

The search the vehicle with drug sniffing dogs. ... The police operated these searches without probable cause. ... These policeman were conducting these searches without any probable cause. ... The police force made these searches and seizures without any probable cause. The constitution clearly states there must be probable cause to search a person's property. ...

  • Word Count: 483
  • Approx Pages: 2
  • Grade Level: High School

6. Crime

No time for a Warrant • Police can make a warrant-less arrest based on probable cause • Probable cause is defined as a reasonable belief that a person has committed a crime. • The amount of evidence used for probable cause may be less than that used for proving guilt. Probable Cause • Since probable cause it based on reasonable belief, arresting without a warrant requires the police officer to use his/her own judgment as to what would be deemed reasonable under the circumstances and be upheld by a judge or District Attorney. ... A search can be consi...

  • Word Count: 468
  • Approx Pages: 2
  • Grade Level: High School

7. Exceptions to the Fourth Amendment

It also ensures that the people are "secure in their persons, papers and effects against unreasonable searches", unless a Warrant has been obtained after probable cause has been established. ... The Fourth Amendment states that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". ... When originally written it estab...

  • Word Count: 615
  • Approx Pages: 2
  • Grade Level: Undergraduate

8. The Rules of Warrants and Searches

With a few very limited exceptions, you can conduct a search only if you have probable cause to believe that evidence of a crime is located in the place you wish to search. The probable-cause test for a search is similar to the probable-cause test for an arrest. ... On the other hand, probable cause is less than an absolute certainty. ... While these exceptions are important,you should keep in mind that in close cases, a search without a warrant may be upheld when a search without a warrant will be declared invalid. ... Upon a showing of probable cause, a judicial officer may issue a warrant...

  • Word Count: 547
  • Approx Pages: 2

9. Packet Sniffers

Although the origins of packet sniffers are unknown because the name cannot be trademarked, however, the first commercial sniffer released was the Sniffer Network Analyzer trademarked by Network Associates in 19981. ... In the past, sniffers have been considered the main tool in aiding some of North America's most notorious hackers wreak havoc on various corporate and government networks. As sniffer technology continues to develop, there has been progression made in creating programs that can detect sniffers, however they are not entirely effective. For every five anti-sniffer programs...

  • Word Count: 1349
  • Approx Pages: 5
  • Grade Level: High School

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