K-9 Unit and searching house

[Will Wood]

Ok. Let's say cop asked for consent to search, someone said no. Does the presence of a K-9 unit cancell the need for a warrent?
Maine is the state..
Just wondering, a while ago something happened. K-9 Unit came to my friends house, (LONG Story.. )

Tried to entrap him but he was smarter than that. Still he entered and searched though.

Is that legal?

[wad04]

well to give you the best answer, we would probably need to hear that long story.

are you saying the dog smelled something?

or are you saying just because he was a k-9 unit he could enter?

Because as far as i know, having a dog smell something actually within the house might be probable cause.

[Will Wood]

Crime scene at point A. I was there with cop. Scent tracked to point B. At the time, no proof of anyone else was there. Dunno how K-9s work and can tell the difference between a track that was coming, or going.

Again, at the time the owner of the house said "NO" to the cop. Came in anyways.
Charged with random misterminors (spelling?) but there is still fines attached, so trying to fight them with the cop had no right to come in.

"We" got away with the other side of the story, so no biggie there either. But still fines, bleh!

[PyRo]

You're still not giving enough information. If you want an answer you have to get into exactly who/what they were looking for and why, exactly what the officers said, exactly what your friends said, where in the house they looked, and the type of charges he received. You're probably better off speaking to a lawyer then posting that on the internet however.

From what it sounds like they were following someone who had committed a crime useing dogs. The dogs traced the person into your house. This would give them reason to search without a warrent. Maybie a lawyer can get him off on some technicality but its doubtfull.

[Lohman446]

You're leaving out too much. Police can enter when in direct pursuit of a suspect or when they have adequate probable cause of an ongoing criminal act. The K-9 unit probably makes that cause easier to come by.

Was he doing anything illegal? If not than he has nothing to worry about. I don't buy this "I was too smart for the cops" crap. Smart people accept that illegal activity may have undesired repercussions.

[behemoth]

You see, they were smokin' the ganj, and the dog got a whiff, and told the fuzz, maaan.

It was all a big buzz-kill from then on.

[PyRo]

You see, they were smokin' the ganj, and the dog got a whiff, and told the fuzz, maaan.

It was all a big buzz-kill from then on.

That's one way of putting what most likely happend.

[SCpoloRicker]

I, uh, I am going to stay out of this.

/its not facism when we do it

[Destructo6]

Typically, you need a warrant to enter a dwelling, unless it is "hot pursuit."

Automobiles are a different story, since they are a "readily mobile conveyance."

[spwz99]

I've always heard that if a k-9 hits on a car or anything else for that matter, that is enough proof to validate a search without a warrant. But I'm not a cop. Nor am I a lawyer.

[grEnAlEins]

I believe that in some states, if a canine smells somthing and alerts officers it is fine, it counts under the "plain sight doctrine." I could be wrong, but I thought some states count a hit from a canine as ok and part of plain sight. I could be wrong though.

[Lohman446]

I always love people who cannot own up to there responsibilities.

You broke the law...

The answer is not I did it because.....
A) I don't agree with the law
B) I don't care about the law and am willing to risk the consequences

Or even I didn't do it.

Instead in America the answer has become "How'd you know" Your wrong for knowing. Its you who did something wrong not me.

Break the law risk the consequences and deal with it. I speed, guess what, when I'm pulled over I don't go into a tirade about police practices, I pay teh fine.

[SCpoloRicker]

I always love people who cannot own up to there responsibilities.

You broke the law...

[snip]

Break the law risk the consequences and deal with it. I speed, guess what, when I'm pulled over I don't go into a tirade about police practices, I pay teh fine.

So, you knowingly violate the legally defined safe speed in a multi-ton vehicle, and are fined ~100 bucks plus a hit on your insurance. A dog smells recreational drug use in a private residence, and police enter the residence to identify the source.

Who is going to be in more trouble?

[Lohman446]

So, you knowingly violate the legally defined safe speed in a multi-ton vehicle, and are fined ~100 bucks plus a hit on your insurance. A dog smells recreational drug use in a private residence, and police enter the residence to identify the source.

Who is going to be in more trouble?

I don't make the laws, I simply choose to follow (or not) with full consideration of the possible legal consequences.

[Steelrat]

So, you knowingly violate the legally defined safe speed in a multi-ton vehicle, and are fined ~100 bucks plus a hit on your insurance. A dog smells recreational drug use in a private residence, and police enter the residence to identify the source.

Who is going to be in more trouble?

Actually, we know very little about what went on, certainly too little to make any assumptions, other than the fact that they were guilty of something, and got caught.

If the police find someone murdered, and they follow a blood trail to a house, can they go in?