I Want to Know How the Use of Drug Sniffing Dogs Is Legal at an Immigration Checkpoint Inside the US Border?
Question by : I want to know how the use of drug sniffing dogs is legal at an immigration checkpoint inside the US border?
I’ve seen videos on Youtube of drug sniffing dogs being used at immigration checkpoints that are inside the US border. How can this be legal in light of a Supreme Court case like City of Indianapolis v. Edmond? Isn’t the search illegal if it violates the scope of determining immigration status? If drugs are found the seizure would be illegal. And how could any charges stand up in court? And if it is illegal shouldn’t the practice be stopped. Shouldn’t the Border Patrol agents violating the constitution be held criminally and civilly liable?
ingsoc1: Nope, A search by a drug dog at a checkpoint is illegal per City of Indianapolis v. Edmond and it violates the scope of a immigration checkpoint. Do you want to see further proof that border patrol is really looking for drugs? Listen to this Border Patrol agent testify that is the case under oath in court in this video: http://www.youtube.com/watch?v=F8ihGI22HgQ
EPIC FAIL DUDE.
I don’t think anyone here is getting it. The supreme court has ruled that using drug sniffing dogs at a suspicionless checkpoint is illegal. The border patrol is violating that by using drug sniffing dogs at a suspicionless checkpoint. If that is the case, Then the border patrol should stop breaking the law. The scope of the border checkpoint should be upheld and any drugs found should be excluded from prosecution or siezure by the government.
And we all know what the government is doing here. They are setting up illegal suspicionless drug checkpoints under the guise of immigration check points (WINK WINK). Wake up people please. Stop letting the government get away with violating the constitution and the law.
ingsoc1: Wrong again. The immigration checkpoints are roadblocks or more specifically suspicionless check points they are not international boarders. That is specifically the thing a case like City of Indianapolis v. Edmond was referring to.
PennyLee : I think you have it all wrong. For all the points I have already made. Illinois v. Caballes referes to a legal traffic stop not a suspicionless checkpoint. Illinois v. Caballes Simply does not apply to suspicionless check points. The case that does apply is: City of Indianapolis v. Edmond.
Secondly United States v. Martinez-Fuerte allowed immigration checkpoints with the scope of determining the immigration status of people going through. Since a drug sniffing dog is unable to determine immigration status having the dog there violates the scope allowed by United States v. Martinez-Fuerte. Again, Having a drug sniffing dog at a checkpoint also violates the law according to the decision that applies to a suspicionless checkpoint which is City of Indianapolis v. Edmond. For those reasons I don’t believe that having drug sniffing dogs at an immigration checkpoint is legal.
Best answer:
Answer by ingsoc1
no you are not being searched until the dog alerts on you and the cop search you, the dog alerting is probable cause . No different then if the cop himself smelled weed or alcohol on you. epic fail
edit City of Indianapolis v. Edmond, 531 U.S. 32 (2000)[1], was a case in which the Supreme Court of the United States limited the power of law enforcement to conduct suspicionless searches, specifically, using drug-sniffing dogs at roadblocks
Roadblocks road blocks not international border crossings,
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