New York
I am taking law classes in college, and I know about procedures, and seraches, and all that fun stuff (sarcasm) but I never learned about the K-9 search.
That class comes subsequent to the K-8, which come subsequent to the K-7, which comes subsequent to the K-6 and so on. So basically the prerequisite is to receive a passing grade in K-1 through K-8. In K-1 they search your vehicle with a mouse, K-2 a hamster, K-3 a rat, K-4 a cat, K-5 a ground hog, K-6 a beaver, K-7 a pig, K-8 a Billy Goat. (In the state of Texas they may substitute the beaver in K-6 with an armadillo) Following these K-9 prep classes, you are ready for the real thing, the K-9! This is making it to the big leagues, the one place where mans best friend can become mans nightmare! (sarcasm)
I know you can refuse a search, but can K-9's just sniff around if they want.
Yes, there is no law which restricts where dogs are allowed to sniff when they're out in public. If there were, I'm sure thy neighbor's butt would be the first spot to become legally off limits.
And then if they bark they have the probable cause. Or are the K-9s just a scare tactic?
When they signal a positive "hit" to their handler, indicating the presence of narcotics, be it a bark, scratching at the area they hit on, or lifting a leg, the handler then has probable cause to suspect there are drugs in the vehicle. The dogs only scare those who are in possession of illegal drugs, explosives, cadavers or any other items which are illegal to possess or indicative of a crime having been committed.
Also,
If you get pulled over, and they think you are drinking, so they conduct subriety tests etc... but you pass them all, can talk strait, and don't smell of alcohal. Then can they give you a breathalizer?
If you are sober and have not been drinking, it would certainly be a waste of their time to bring you to the station and have you blow into a machine. In fact, I've never even heard of someone who hasn't been drinking, getting hauled to the station so the police can administer a breathalyser on them. But there is something you need to be aware of. Even though you, or anyone who is drunk, impaired, or just consumed a single alcoholic beverage, believe you have passed all the field sobriety tests and don't think you smell of alcohol, doesn't make it so. I'd say about 99 percent of the folks that are arrested for a DUI believe they passed the sobriety tests. Unfortunately, it is what the officer thinks that dictates whether or not you'll be wearing handcuffs and heading to jail or not.
Isn't that considered a search since its a "search of your body" and since you passed everything else, would they have the probable cause to do that?
Again, if you pass everything else, they will not be wasting their time on you.
You should also realize that driving is a privilege, not a right. The privilege is taken away when you don't obey the law and your driving habits threaten the safety and well being of other citizens. There is nothing in the constitution that refers to your right to drive a motor vehicle, or to use the public roads and highways as you see fit.
Thanks
JD[/QUOTE]