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Hey guys I haven't posted in awhile but I have a question.

a vehicle is parked in the parking lot of a public college and state university. an anonymous tip is given on the subject that owns the vehicle. the k-9 is deployed and hits on the vehicle. vehicles searched and dope is found.


Is there any k-9 case law against that? sorry but I'm not up on any of the k-9 stuff. :dunno:
 

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Depends on the state. Federally and in most states, there is no expectation of privacy in the odors coming from the car. A hit from a properly trained dog is probable cause. A search of a vehicle with PC is an exception to the warrant requirement.


Did I mention that it depends on the state?
 

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As Sam Spade said, it depends on the state. Despite the federal court rulings that a K9 walkaround is not a search, some state constitutions are more restrictive.

In New Hampshire, both the K9 walkaround and the subsequent search would be illegal. The K9 walkaround is considered a search here, and has to be supported by a minimum of reasonable, articulable suspicion. An anonymous tip with no further corroboration would not meet that standard. Also in this state, vehicles cannot be searched without a warrant or one of the other exceptions such as consent or exigency. So in this case, after a K9 alert, the vehicle would be seized pending application for a search warrant.
 

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In most states, the state constitiution gives the same protection as the 4th Amendment, which is the case in Georgia. Brent v. State, 497 S.E.2d 79 (1998).

In Georgia, I'd say the answer is that it is a legal search, no warrant required. Illinois v. Caballes, 543 U.S. 405 (2005). They could also walk through the parking lot checking random cars, if they want.
 

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Like most things the devil is in the details. I am not the go to guy for case law, but based on my experience and what little details you provided I'd say its a good arrest.

I have actually responded and made arrests in many "anonymous tips of drug activity" calls and so far they have all stuck. The details are what make the case though. Did I observe the subject make a transaction? Did I smell marijuana or see anything in plain view while I was speaking to him? Did I see him attempt to conceal anything as I was approaching?

You can go to the same call a dozen times and get a dozen different outcomes depending on how it progresses.

I've also gone to many anonymous drug activity complaints and cut the guy loose while still having a gut feeling he was holding something and just couldn't come up with a legal way to find it.

Also gone to the same call a hundred times when the caller is his baby mama who wants his back owed child support so she makes up a "anonymous tip" call to get us over there and contact him.

You have to look at a anonymous tip call as a consensual contact with the potential to uncover more and nothing else. In my area the courts and DA aren't too fond of anonymous tip cases because so many of them have been improperly handled by officers in the past.
 

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Like most things the devil is in the details. I am not the go to guy for case law, but based on my experience and what little details you provided I'd say its a good arrest.

I have actually responded and made arrests in many "anonymous tips of drug activity" calls and so far they have all stuck. The details are what make the case though. Did I observe the subject make a transaction? Did I smell marijuana or see anything in plain view while I was speaking to him? Did I see him attempt to conceal anything as I was approaching?

You can go to the same call a dozen times and get a dozen different outcomes depending on how it progresses.

I've also gone to many anonymous drug activity complaints and cut the guy loose while still having a gut feeling he was holding something and just couldn't come up with a legal way to find it.

Also gone to the same call a hundred times when the caller is his baby mama who wants his back owed child support so she makes up a "anonymous tip" call to get us over there and contact him.

You have to look at a anonymous tip call as a consensual contact with the potential to uncover more and nothing else. In my area the courts and DA aren't too fond of anonymous tip cases because so many of them have been improperly handled by officers in the past.
The anonymous tip is really irrelevant here. The search is legal becaue the vehicle is on public/government property, so the police officer and dog can go there, the same as anybody else. As long as they are in a place they have a legal right to be, it's a legal search regardless of whether they got an anonymous tip, no tip, or just didn't like that make and model of car.
 

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Legal in California. California follows federal rules of evidence.
 
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