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Main Page B.S.'ing a K-9...
(Click here to view the original thread on the MassCops Message Board)

Posted by: Mikey682

Found this on the net...I dont know if you should read it for the dumbass humor factor or if people might actually try to pull this off

"It was saturday night and I was driving my girlfriend home late after a night of partying. I had not been drinking but I had been smoking excessivly. Even though i was stoned i could still function the vehicle great. I had three eights on me and to my horror i saw a cops flashing lights in my rear view. He pulled me over for a tail light out but once he saw my red eyes and since i smelled like Cheech, he was a little suspicious. He then spoke the words that any stoner dreads to hear. "Do you object to my dog taking a look inside your vehicle?" I knew i was fucked and the only thing that came to my head was to say no. I said that my girlfriend has bad asthma and is allergic to dogs. I explained thgat the dogs hair will make my girlfriend go into a sneezing fit and it would be bad. He gave me the most confused look ever then went back to his car. After sweating my sack off for 5 minutes he comes back and lets me go! I guess this is an excuse they havent heard and actually makes sense. So who says potheads dont have no braincells"

Posted by: Officer Dunngeon

Quote:

Originally posted by Mikey682:
So who says potheads dont have no braincells"

<font size="2" face="Arial, Helvetica, sans-serif">I guess this guy just proved it.

Posted by: 40th MPOC#309

Sounds like this pothead lying sack of s___ took advantage of a Cop's compassion for another's medical problem. Shame on him..... [img]graemlins/burningmad.gif[/img]

Posted by: mpd61

Hey MPOC!

Lesson Learned: you are not qualified to take Sydney on patrol with you. I checked with civil service and they said her eye condition disqualifies her from K-9 academy. That and her age keeps her off the list because our town won't take a dog over 5 years old [img]tongue.gif[/img]

Posted by: FghtNIrsh17

WOW I can't believe that excuse actually worked. You right 40th MPOC#309 Shame on him. [img]graemlins/disappointed.gif[/img] However you must admit, hes got balls to even try that. Hey I guess desperate times call for desparate measures

One would think that getting abreak like that would make him think twice next however as we all know he wont.

Posted by: 1zero7

That's when the officer should relpy, "Oh, I have a nonallergenic K9."
[img]graemlins/sly.gif[/img]

Posted by: Muggsy09

You gotta give it to the guy that was pretty original. [img]graemlins/nonono.gif[/img]

Posted by: sja813

well now we know that excuse won't ever work again for anyone after it being posted on a website full of cops., at we don't have to feel bad if we hear that one again

Posted by: Irish Wampanoag

Hi LEOS,
I would have said since my K9 can search your car do you mind if I do?

Posted by: Crvtte65

Quote:

Originally posted by sja813:
well now we know that excuse won't ever work again for anyone after it being posted on a website full of cops., at we don't have to feel bad if we hear that one again

Posted by: Anonymous

Most dogs can indicate from the outside

Posted by: CPD707

Maybe it had nothing to do with the excuse. He tried to get a consent search and was denied

Posted by: Recruit401

Quote:

Originally Posted by BHCCPD

Hi LEOS,
I would have said since my K9 cant search your car do you mind if I do?

niiiiiiiice

Posted by: RPD931

Quote:

Originally Posted by BHCCPD

Hi LEOS,
I would have said since my K9 can search your car do you mind if I do?

Good point!! But you gotta give the kid credit too... of course he's a lying sack of crap, but he's quick.

Posted by: k1ryan

What I would have done in that situation is have the dog walk around the vehicle and then once the dog responded, search the vehicle for the drugs. The response, I believe, serves as probable cause to search.

Posted by: quality617

Quote:

Originally Posted by k1ryan

What I would have done in that situation is have the dog walk around the vehicle and then once the dog responded, search the vehicle for the drugs. The response, I believe, serves as probable cause to search.

That might work, but you don't even have to go that far. The strong odor of pot is PC enough to be in the car lawfully.

Posted by: RPD931

Quote:

Originally Posted by quality617

That might work, but you don't even have to go that far. The strong odor of pot is PC enough to be in the car lawfully.

I go by the same method... However, I have heard conflicting stories from other PO's as far as whether or not that is still legit/enough to go on... some say yes, some say no... any case Law "Junkies" have any input on this?

Posted by: Wolfman

If you can articulate based on your training and experience that you detect the odor consistent with that of marijuana coming from within a motor vehicle on a stop, you may search that vehicle for marijuana without the consent of the owner/operator. You may well find yourself at a motion hearing at some point, but so long as you have a valid stop and proper training and experience you should be good to go.

Posted by: 40th MPOC#309

Hey VOR-should we insert "burning" in front of marijuana? Just a thought. Have a nice night.....

Posted by: Wolfman

I've been successful on the odor of both burnt and fresh marijuana - but again, you need to back up your statement with facts; being a narcotics custody officer for a relatively busy station, making numerous arrests and successful prosecutions, as well as having worked UC is not a bad thing. At the Academy you usually have a burn where you can identify the smell of burnt MJ, so it would seem that until you have a few seizures of unburnt MJ there could be a problem with using fresh MJ odor as basis for a search.

Posted by: PtlmRube

k1Ryan is right an alert is PC. The exterior sniff of a vehicle is not a search (US v. Stone 1989, US v. Barbee 1992), and "When dog alerts to vehicle, officers have probable cause to search it" (US v. Chavira 1993, US v. Jeffus 1994 US v. Sukiz-Grado 1994). The PC is only good however if the car is legally detained by the police. All these cases are federal cases (federal district courts mostly) and are not questioned in the MA courts. A canine is a great tool. Anyone want any other cases let PM me and I will forward them to you. Happy to Help you all.

Posted by: reno911_2004

Quote:

Originally Posted by VOR @ Wed 09 Jun, 2004

If you can articulate based on your training and experience that you detect the odor consistent with that of marijuana coming from within a motor vehicle on a stop, you may search that vehicle for marijuana without the consent of the owner/operator. You may well find yourself at a motion hearing at some point, but so long as you have a valid stop and proper training and experience you should be good to go.

Do pre-LE highschool parties count?

Posted by: RPD931

My sense of smell is similar to a K9, does that count?

I actually had a guy stopped the other night and he handed me his license and reg... I went back to the cruiser and was like "(sniff sniff, looking around) WTF?", the guys reg and license wreaked of pot... After I wrote him a warning for the plate light violation and went back to the vehicle I could smell a faint odor of "Burnt" marijuana. When asked if he had any pot in the car his face dropped and said "yeah, I've got a big roach left in the ashtray". Lucky for him, I was in a "generous" mood, soley because he had a 5 or 6 year kid with him. I gave him the riot act about pot/drugs around kids and being stupid enough to be giving an Officer documents that wreak of it.... and sent him on his way. I didn't quite feel like locking him up in front of the kid for a small blunt. Then later I thought maybe it would've been a better "lesson learned" if I did, for both him and the kid.

Anyone else have thoughts on this one?

Posted by: mpd61

RPD,

You the man........................
As you put it, you read him the "Riot Act" over a simple possession charge without traumatizing the child. There are some offenses that necessitate putting the child through an arrest. Of course you could have summonsed him. We're all armchair quaterbacks when it comes to non-violent misdemeanors.

Besides, I'm only one post away from Deputy Chief (again)

Posted by: baker95

Someone earlier had a good point...the cop asked the driver said no. We'll get them next time....unfortunately we have to play by the rules. I do agreee that the driver's excuse was lame as hell.

Posted by: badogg88

but technically, he said no to the dog searching. the officer could have said "ok then mind if i search your car?"

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