Is this Legal?

[Victor Caballeros]

We should make Drugs Legal. Tax it heavy than pay for Obama's health care program.. problem solved

[rugger]

Ok guys, here's the low down...the dog is the patrolman's partner and an officer in the police force, so is allowed to go with the patrolman where ever he goes. If they are walking down the hall and the dog smells something and reacts to a certain dorm room, then this gives the officer probable cause to enter that dorm room. It is just as good as a search warrant. If this happens, please don't cause the officer any problems, because all its going to do is get you in more trouble.
I am a police officer in the Little Rock area, and am just trying to help you out a little.

[ebell]

how often does the dog give false positives?

eric

[Jaytee]

absolutely positively not true that a dog "hitting" on a dorm room gives PC for warrantless entry.

It is not unlawful for police to patrol or search common areas of dormitory buildings with the permission of the university, and it is true that students have no expectation of privacy in common spaces. They do have an expectation of privacy in their dorm rooms and can deny consent to search without a warrant. Under Arkansas law regarding residential searches, officers must actually advise the resident of their right to say no (this applies to residences only, not vehicles).

It is possible that a judge would sign a search warrant where a drug dog hit on a dorm room. If there's a warrant, all bets are off. But I think it is a close call as to whether most of the judges around here would sign a warrant for the search of a dorm room just based on an alleged "hit" by a drug dog on the outside door to the room.

[prophet]

absolutely positively not true that a dog "hitting" on a dorm room gives PC for warrantless entry.

It is not unlawful for police to patrol or search common areas of dormitory buildings with the permission of the university, and it is true that students have no expectation of privacy in common spaces. They do have an expectation of privacy in their dorm rooms and can deny consent to search without a warrant. Under Arkansas law regarding residential searches, officers must actually advise the resident of their right to say no (this applies to residences only, not vehicles).

It is possible that a judge would sign a search warrant where a drug dog hit on a dorm room. If there's a warrant, all bets are off. But I think it is a close call as to whether most of the judges around here would sign a warrant for the search of a dorm room just based on an alleged "hit" by a drug dog on the outside door to the room.

what if i live in a van, down by the river?

[ebell]

Never give a consent for a search of your car or house or dorm room. Unless a warrant is available. I don't have anything against law enforcement, but they do not always know the finite points of the law. They have their job to do and I have mine. Hopefully our paths never cross, but if they do I am aware of my rights.

When dealing with enforcement its nice to have a video camera or voice recording device to document the interaction so that its never a case of he said she said. It has saved people in the past.

eric

[A Savage spanke]

Well I just don't know who to believe. I really don't think it matters what the law is because I witnessed a buddy of mine getting threatened with a p.i. and jail time over a cigarette the first week of school. My friend passed the walking and looking part of a sobriety test and offered to take a breathalizer. The cop then informed us he didn't need a breathalizer to hold me and him in jail for a week with p.i. charges. It was scary, segways suck

[ebell]

Unfortunately it seems that we are GUILTY, unless we have the MONEY to prove ourselves INNOCENT.

The burden of proof now seems be on the defense and not the prosecution.

Man, a week for public intox. Sounds like b*lls***t to me. But who wants to mouth of and find out for sure. I don't have that much money.

eric

[Jaytee]

what if i live in a van, down by the river?

No luck. Vehicles are just in their own category, even if they substitute as a residence. Reduced expectation of privacy, more mobile, etc.

[prophet]

what if i live in a van, down by the river?

No luck. Vehicles are just in their own category, even if they substitute as a residence. Reduced expectation of privacy, more mobile, etc.

its on blocks.

pro bono?

[panicman]

take the axels off and you are golden.

[JTarver]

Actually the officer is entitled to a "visual search"of the vehicles interior, but not an interiorsearch itself unless consent is given by the owner, or driver of said vehicle. If upon visual search, the officer sees something such as a gun barrel, joint, clips, rolling papers, knife, etc. then he must still have a warrant for the vehicle itself. I think it also has to state what they are searching for, but I could be wrong on that one.

Either way, if you give them crap or refuse to let them search your car..they can always just hold you there until a drug dog arrives, which would give them probablycause if the dog hits on a scent in the vehicle.

I had an officer stop me at about 3 in the morning coming home from a fish hatchery one night...andI just let him search when he asked. It got me home a half hour later..as opposed to three and a half hours later.

Sometimes personal principles just make you later getting to bed. Pick your battles appropriately.

Joe

[RichardL]

Actually Joe,

Law enforcement is not entitled to "hold you there until a drug dog arrives". Unless, they have lawfull reason to detain you. You simply ask "Am I being detained, if so why?" If they do not provide a lawful reason, you may then say "I am leaving, thank you have a good evening"

Per the Special Agent here,

If the officer has PC they can search anyway, without PC they have to "process the stop in a reasonable amount of time", if during that time they can have a dog on scene they can walk the dog around the exterior of vehicle if the dog hits it becomes PC. To get consent search due to recent Fed. court ruling the person has to know that they are free to leave, then ask for consent to search. In order to obtain a warrant there must be sufficient reason, which most likely means PC and they would search anyway. Scenerio: If you see a bunch of plastic bags and scales. That in itself is nothing wrong, but is reasonable suspicion to detain attempting a warrant. He further states "the fourth amendment is the hardest to get around, court rulings are constantly changing the playing field."

[Jaytee]

There's a specific Arkansas rule of criminal procedure limiting the time limit for a traffic stop.

Lots of incorrect answers above, no offense to anyone. If you don't practice criminal law in Arkansas, I'd refrain from giving answers here that someone might rely on erroneously and get themselves in more trouble.

[dmcwhort114]

Just want to agree with Jaytee here. My spouse is a prosecutor in central Arkansas and from what I gather, there is a lot of mis-information in this thread. Make friends with a good criminal lawyer or prosecutor and then figure out what the rules are.