|
Newsbrief:
Missouri
Supreme
Court
Just
Says
No
to
Suspicionless
Drug
Dog
Traffic
Searches
11/19/04
https://stopthedrugwar.org/chronicle-old/363
/nodogs.shtml
|
 |
|
drug dog search
|
In a November 9 decision,
the Missouri Supreme Court ruled that detaining motorists stopped for traffic
violations until a drug dog can arrive violates the Fourth Amendment's
protections against warrantless searches. The case parallels another
case currently before the US Supreme Court (https://stopthedrugwar.org/chronicle-old/332/drugdogs.shtml).
In a unanimous decision,
the Missouri court threw out the conviction of Jose Granado, who was pulled
over for an alleged traffic violation in Pemiscot County. The trooper
issued a warning ticket and told Granado he was free to go, but then asked
for permission to search the vehicle. When Granado refused to waive
his constitutional rights, the trooper detained him until a drug dog could
arrive. Anecdotal evidence suggests this practice is increasingly
common. The drug dog alerted, and troopers found 26 pounds of marijuana.
Based on the seized pot, Granado was charged and convicted of possession
with intent to distribute.
But the Missouri Supreme
Court said that the trooper violated the Fourth Amendment by engaging in
an unwarranted detention and search. "The fact that police may detain
a person for a routine traffic stop does not justify indefinite detention,"
the unsigned opinion said. "The detention may only last for the time
necessary for the officer to conduct a reasonable investigation of the
traffic violation."
Click
here to tead the opinion in Missouri v. Granado online.
-- END --
|
Issue #363
, 11/19/04
Editorial:
Going
the
Wrong
Way
in
Afghanistan
|
DRCNet
Event:
Rep.
Barney
Frank
to
Keynote
for
Perry
Fund
Forum/Fundraiser,
December
9,
2004,
Boston
|
Bush
Administration
to
Go
After
Afghan
Opium
Trade
|
Irv
Rosenfeld
Celebrates
22
Years
of
Government-Sponsored
Medical
Marijuana
Use
|
Gene
Doping:
Sports
at
the
Cellular
Level
|
Newsbrief:
Massachusetts
Judge
Rips
"Drug
Free
Zone"
Mandatory
Minimums
|
Newsbrief:
Judge
Sentences
Marijuana
Seller
to
55
Years,
Then
Attacks
Mandatory
Minimums
|
Newsbrief:
Bill
to
Protect
Medical
Marijuana
Patients
Introduced
in
Senate
|
Newsbrief:
Missouri
Supreme
Court
Just
Says
No
to
Suspicionless
Drug
Dog
Traffic
Searches
|
Newsbrief:
"Irrational"
Sentences
Drive
Kentucky
Prison
Crisis,
Report
Says
|
Newsbrief:
Federal
Appeals
Court
Again
Upholds
Religious
Ayahuasca
Use
|
Newsbrief:
This
Week's
Corrupt
Cops
Stories
|
This
Week
in
History
|
Apply
Now
to
Intern
at
Drcnet!
|
Drugwarmarket.Com
Seeking
Information,
Affiliations,
Link
Exchanges
|
The
Reformer's
Calendar
|
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|
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