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victory_records
Concerned Citizen
Joined: 19 Oct 2007
Posts: 6
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 Posted: Fri Oct 19, 2007 4:17 pm Post subject: What is our recourse if we see LEO making a "False Aler |
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| If a cop gets caught doing a "False Alert" with the K-9, what punishment would he typically receive, if any? If I see it happen, what could I do? Is there a way to prove that the officer was causing a false alert just by looking at the video? Suppose we wanted to escalate that issue, would it just go to internal affairs? Would we be allowed to review the video being shot in the police car to help my defense? Is there any recourse to stop these false alerts? |
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Barry
CEO/NeverGetBusted.Com
Joined: 03 Apr 2007
Posts: 640
Location: Texas
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| Posted: Mon Oct 22, 2007 11:50 am Post subject: |
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At the present, courts have not recognized K-9's can and will false alert. I testified in court to this behavior for the first time in the history of our criminal court system about 6 months ago. We won the case because of the length of time it took for the dog to arrive but the judge never ruled on the false alert.
Punishment for a cop causing his/her dog to false alert? Cops caught doing this will probably never be punished because the argument will be made that the dog misbehaved so why should the human be punished?
I think what will eventually happen is the Supreme Court will rule police K-9's may be used to assist officers in locating drugs but will not allow the dog's alert to be probable cause for search. I think once the courts have been given the proof that there are too many ways for a dog to make a mistake, this will happen. The courts did not have that information when ruling years ago because there was no opposing evidence at the time.
Any time a citizen is about to be checked with a drug dog, the citizen should announce he/she is familiar with what a false alert looks like and demand to watch the handler and the dog. This worked for me about 4 months ago. The K-9 did not alert on his first trip around my Suburban so upon making a second lap, I proclaimed, "This is where he's going to make he dog false alert." Upon hearing this, the cop immediately pulled the dog off my auto and ended the search.
Barry |
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