New York Immigration Lawyers



Searches and Seizures: Tools and Augmentation

Law enforcement often uses tools and augmentation devices to help conducting searches, such as flashlights, microphones, binoculars and detection dogs. This category deals with constitutionality of using various tools and augmentation devices during a search.

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Illinois v. Caballes (2005)
Justice GINSBURG, with whom Justice SOUTER joins, dissenting:
A drug-detection dog is an intimidating animal. Cf. United States v. Williams, 356 F.3d 1268, 1276 (CA10 2004) (McKay, J., dissenting) ("drug dogs are not lap dogs"). Injecting such an animal into a routine traffic stop changes the character of the encounter between the police and the motorist. The stop becomes broader, more adversarial, and (in at least some cases) longer. Caballes -- who, as far as Troopers Gillette and Graham knew, was guilty solely of driving six miles per hour over the speed limit -- was exposed to the embarrassment and intimidation of being investigated, on a public thoroughfare, for drugs.

[...]

Illinois v. Caballes (2005)
Justice GINSBURG, with whom Justice SOUTER joins, dissenting:
Under today's decision, every traffic stop could become an occasion to call in the dogs, to the distress and embarrassment of the law-abiding population.

[...]

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