|
DRUG DOGS ARE COVERS FOR LIES
The government tried to overturn a victory against
sniffer dogs. http://rexcurry.net/drugdogsmain.html
The U.S. Supreme Court denied the government's petition
on Oct. 31, 2005.
Docket information is at http://www.supremecourtus.gov/docket/04-1668.htm
Afterward, the government unsuccessfully appealed to
Florida's Supreme Court to overturn the victory.
Florida's Attorney General fought against Florida
v. Matheson and its requirement that narcotic K-9s must be continually
trained and tested under higher standards or they cannot be used
to search people and cars.
The Florida court decisions are at http://rexcurry.net/drugdogsflorida.pdf
(3-3-05) and the very libertarian decision (the appellate case
below) at http://rexcurry.net/drugdogs2dca.pdf
RexCurry.net argued the original motion to suppress
for Matheson.
Narco dogs are used as ruses against humans, to violate
constitutional rights against searches and seizures. Here's
how -
* Some cops ask to search cars for no reason at all
during routine traffic stops. They ask to search because they
know that most victims do not know that drivers can "just say no"
(most drivers are know-nothings about constitutional rights). Drivers
who do know are often too meek to "just say no." It is unknown how
often cops ask for consent to search and how often consent is given
under duress or ignorance. Drivers who do not complain roadside will
not complain, learn or litigate later.
* If drivers say "no," then some cops tell drivers
that an ordeal is inevitable because the cop radioed for a canine
and it is coming to the scene. That warning is often a lie to induce
consent. There is no police dog on the way.
* If a dog is or is not "on the way," some cops add
additional lies to make drivers think that there will be a long
wait and that the driver must stay until a dog arrives. Cops rely
on driver ignorance of the fact that evidence will be suppressed
if drivers are detained longer than it takes to complete the traffic
stop (e.g. write the ticket). Drivers are induced to consent to search
to avoid a long wait based on lies.
* If a dog is en route, some cops let drivers
think that they are obliged to stay even when the cop has no reason
to detain drivers any longer. Cop's rationalize that drivers inexplicably
loiter roadside with cops, or that drivers enjoy waiting for dog
sniffs. Cops take advantage of drivers who are too stupid (or too
meek) to ask if they are free to go, so that drivers "consent" to unwarranted
detention by not leaving.
* Cops lie about how long it takes to write tickets
or to obtain a radio response on tag inquiry. If a dog is actually
en route, then some cops write tickets very slowly, until the dog
arrives.
* When cops need consent, and drivers say "no," then
there is no basis to search. Without consent, cops need "probable
cause" to search. Cops can create cause by claiming that canines alerted,
even if there are no alerts, or canines can be cued. A search is forced
against the driver's will. In January 2005, the U.S. Supreme Court
ruled in Illinois vs. Caballes that a dog sniff during a traffic stop
was not a "search." Caballes and similar cases turn canines into props
for lies. When dogs are used as props for lies, it doesn't matter whether
dogs are well-trained.
* If a dog alerts and nothing is found, then cops
will never record that as an error. If cross-examined later, they
will testify that the dog detected lingering odors of contraband
that were recently present. Cops will testify that dogs never make
mistakes, never have and never will, and that apparent errors are skillful
detections of lingering (residual) odors of contraband. No one can
question a dog about whether the cop is lying or mistaken, and it is
usually a waste of time to ask a cop the same types of questions.
* Many errors by drug dogs cause lawyers to wonder
if police carry drugs to plant scents so that drug dogs will alert.
Some news items support such speculation in cases where drugs have
been planted by police. http://rexcurry.net/drugdogsframe.html
Drug laws are wrong in the first place, and in the second
place drug laws cause more wrongdoing by government during enforcement.
Government's attitude toward your liberty is like
a dog at a fire hydrant.
Police-state tactics were witnessed worldwide via
videotape from Goose Creek High School in South Carolina, where
children were forced to the floor in handcuffs and terrorized by dogs
and cops with guns drawn.
http://rexcurry.net/drugs-goose-creek.ram
Nothing was found. http://rexcurry.net/police-state.html
In other schools, classes have been interrupted and
the children were marched out and lined up to be harassed by a
dog.
The Caballes case foreshadows more police-state possibilities:
Uniformed law enforcement marching through neighborhoods with German
shepherds on leashes sniffing anything and everything -every car
parked on or near the street, the air emanating from homes, neighbors
walking outside. Imagine the same thing at any place of business
or employment, and police marching German shepherds through parking
lots, car to car, for no reason other than fishing expeditions. Imagine
the same nightmare in any shopping area or a downtown street area, a
festival, a bar's parking lot, with uniformed agents with German shepherds
sniffing pedestrians and their bags and cars and anything, and stopping
anyone on an alleged alert and going through their purses, persons, cars,
etc, right there on the street.
Drug dogs are like humans in that they must be taught
to approach peaceful people and search them, so that humans can
be arrested, handcuffed and imprisoned for decades under modern prohibition.
That is not an easy trick to teach a dog. It is easier to teach humans.
It is a wonder why the kids weren't instructed
to robotically chant the Pledge of Allegiance during the ordeals
(and with the Pledge's original straight-arm salute). A breed
that is used often as drug dogs is the German Sheppard. The police
state resembles the National Socialist German Workers Party (Nazis).
As an attorney, I am often consulted by people victimized
in searches by dogs trained to smell drugs. A drug dog's skills
are often overestimated because people anthropomorphize dogs. A
humanlike quality that dogs have is that they are natural libertarians
with no interest in the war on drugs.
I am the attorney who argued the original motion to
suppress in Florida v. Gary Alan Matheson, that curbed drug dogs
in Florida.
http://rexcurry.net/drugdogs2dca.pdf
Matheson's case included oral argument before Florida's
Supreme Court and the public has a rare opportunity to view a
video of the justices' questions and the arguments linked at http://www.wfsu.org/gavel2gavel/archives/05-01.html#JAN10
The Matheson case points out the lack of credibility
of drug dogs and their employers.
No one can question a dog about whether the cop is
lying or mistaken, and it is usually a waste of time to ask a cop
the same types of questions.
Drug dogs are like humans in that they must be taught
to approach peaceful people and search them, so that humans can
be arrested, handcuffed and imprisoned for decades under modern prohibition.
That is not an easy trick to teach a dog. It's easier to teach humans.
All drug dogs are "playing a game," as are some humans
who support modern prohibition. The dogs are taught using dog toys.
The toys are hidden with drugs to trick the dog into a game of
searching for its toy by associating it with drug odors. Many errors
can happen. There is always the danger that the dog will alert on
anything that resembles or smells like its toy (towels, tennis balls,
car carpet, etc.).
Cabelles holds that cops can take dogs fishing.
Caballes involved a "legitimate" traffic stop for speeding (that
turned into 12 years for pot). Dog-fishing in parking lots or
on sidewalks should still be opposed. Random drug checkpoints
have already been found unconstitutional by the Court.
Here are the totalitarian police-state possibilities
that the U.S. Supreme Court opened up: Imagine uniformed law enforcement
marching through your neighborhood with German Shepards on leashes
sniffing anything and everything -your car and every car parked
on the street, the air emanating from your home, you walking outside.
Imagine the same thing at your place of business or where you work,
police marching German Shepards through the parking lot, car to car,
for no reason other than a fishing expedition and entering any vehicle
where there is an alleged alert. Imagine the same thing in any
shopping area or a downtown street area, a festival, a bar's parking
lot, uniformed agents with German Shepards sniffing pedestrians
and their bags and cars and anything and stopping anyone on an alleged
alert and going through their purses, persons, cars, etc, right there.
Dogs are used for human lies. Police cannot search
a car without probable cause or consent, and an easy way to claim
probable cause is to claim that a dog alerted. It doesn't matter
whether a dog is accurate. The dog is just present as cover-up
to testalie in court. Dogs are perfect pets for perjury. If
contraband is found then the arrest will probably stand.
If nothing is found, the driver leaves shaken, but I know of no case
where the driver even complained or sued.
Drug dogs turn simple traffic stops into fishing expeditions
for drug busts. Driver's are asked for consent to search without
any suspicion at all. When drivers refuse consent, an officer
threatens to bring a dog in order to intimidate drivers into consenting
to avoid a wait. Persistent refusal prompts cops to radio for
a dog, and then claim that the dog alerted.
Any case that lacks a videotape of a dog's actions
on the scene should result in rejection of testimony that
the dog alerted, or did so without cueing.
Drugs dogs often bark up the wrong tree. Motions to
suppress should argue that the dog's training and history show false
positives and problems that make the dog unreliable for searches.
In Cabelles, Justices Souter and Ginsburg dissented, pointing to
studies showing that drug dogs frequently return false positives (12.5-60%
of the time, according to one study).
Moreso than in humans, the libertarianism of drug-dogs
always resurfaces, and must be suppressed constantly by law enforcement
retraining. Without constant retraining the dogs lose interest
and stop performing accurately. Record-keeping is a must to know
whether dogs are guessing, or seeing cues. Only with record keeping
and independent testing can any judge draw any conclusion from the
dogs game playing out on the street.
Dogs approximate humans in that they go along with
the system to avoid disapproval from peers (teachers, school students,
friends, etc., in the case of humans). Drug dogs do not want disapproval
from their police handlers. Dogs play the game, and will try to guess
and read cues, because they are searching for approval, not for drugs.
Dogs match humans in that if you influence them enough
they will do anything -- like passing the 18th amendment. In the
dogged pursuit of modern prohibition, some dogs are slow learners as
are some humans. The government's war on drugs is a dog chasing
its own tail.
Let's liberate drug dogs. Return them to protecting
people from violence and theft, which is also the only proper purpose
of law enforcement. Dogs should be man's best friend, not man's
persecutor. Drug dogs are natural libertarians.
Rex Curry Attorney at Law in Tampa, FL. He can be reached
via email at:
lawyer (at) rexcurry.net
The oldest living medical marijuana patient (OLMMP) said: "Rex,
thanks for your work against drug dogs. I was in the airport
recently and a dog sniffed my bag and walked away. I called to the
handler and asked if the dog was trained for bombs or drugs, and the
handler said 'for drugs.' So I told him to bring the dog back because
I had marijuana in my bag." RexCurry.net phoned OLMMP, but only
reached his voicemail. OLMMP called back and said "I am sorry that
I missed your call. I had stepped outside to take my medicine."
|
MORE
LINKS FOR LIBERATING DOGS ARE BELOW
If you don't consent to search, we'll kill this dog http://rexcurry.net/dog4.jpg
Free the Drug Dogs!
by Keith Halderman
An old friend of mine attorney Rex Curry, who was one of the first
libertarians I ever met and who helped transform much of my thinking,
developed a case that may be headed to the Supreme Court. Florida
v. Matheson, which he won, involves a challenge to the veracity of
drug dogs searches. The state of Florida is appealing and the issue
is on the high court's docket.
The September 16th issue of the online journal DrugSense Weekly
has an interview with Mr. Curry in which they ask him, "Given
the problems with drug dogs explored at your website (see link
above), why do you think they are so popular with police departments
and municipal government?”
He replies “Oh that is easy. You have to remember
that there is a strong incentive for law enforcement not to CARE
whether the dogs are accurate. The dogs can simply be props for lies,
in that the dogs are there to overcome refusals to consent to search,
and the dog provides law enforcement officers (LEOs) with the ability
to say that an alert occurred even if there was no alert. And here is
another angle: some LEOs do not want a "drug dog," they want a "car dog,"
in that they want a dog that when shown a car will alert, as if to say
"yes that is a car." For some LEOs the goal is to search whenever the
LEO desires, period. The dog is simply a ruse to do so. That is why the
dogs are so popular. Do not be confused with the idea that there are "problems
with drug dogs." For some LEOs those are not problems at all. And again,
that is why some LEOs have no interest in maintaining records about their
dogs."
***************
You made Playboy without taking your clothes off. http://rexcurry.net/drugdog.jpg
The Matheson case is one of your best. I am still getting calls
about your case.
- Doc C, Texas.
***************
This page (and below) is a collection of resources for lawyers dealing
with drug dogs. Please send in any motions, appeal decisions,
tips, etc., to
lawyer AT rexcurry.net and an effort
will be made to post them here.
Rex. I have just visited your website and
would like to congratulate you on what is very clear your shear
hard work. I myself am a dedicated Security and Drug detection dog
handler investing thousands of pounds in training. In addition I
am company director of Watchdogs Ltd and am concerned about the level
of training handlers have not completed. In addition within the
UK we are about to come under Licensing which many of us have been waiting
for for a long time. There is no requirement for a drug dog handler
to have a licence so the handlers working security dogs who know they
won't be able to get a licence are now trans-shipping to drug dog handling.
Having said that I do feel a stop will be put to this soon. Keep in touch.
Phil H., Director Watchdogs Ltd, Member of NASDU NTIPDU BPSCA BIPDT JSIC.
A fan of RexCurry.net writes (dated March 24, 2005):
In Florida, the Pinellas County Sheriff's department is currently
expanding its sniffer dogs from 30 to 90. A new building is being
built just south of Pinellas Park to house them. All german shepherds
but not all drug dogs, and note also that our population is expanding
rapidly here, with lots of tourists and people moving in and out.
Another fan writes: I actually discovered a vacant
lot where some dog-cops were meeting and I saw them signal training
the dogs to "GO OFF" on cue with very slight hand motions. Then I saw
them walk dogs around a COP car they used (this shows it will work in
any situation) and when the cop made this little twitch with one finger
extended, the dog would bight at the door handle and tires and stand
on its back legs and bark at the windows etc...
MOTION TO SUPPRESS
DRUG DOG SEARCH - this is the initial motion that started the
path to victory.
MOTION TO SUPPRESS 2
THE SEQUEL - more details & humor. How government fornicates
the canine.
THE EXPERT USED RE: THE
DRUG DOG - attorneys nationwide contact me to use him in other
cases.
APPEAL CURBS DRUG SNIFFING
DOGS - this is the appellate decision curbing drug dogs. It
is presently awaiting decision after having oral argument before
the Florida Supreme Court on January 12, 2005. http://rexcurry.net/drugdogs2dca.pdf
MORE ON DRUG DOGS - this
is how drug dogs can be used in ruses to violate the constitutional
rights of humans.
DRUG DOGS ARE LIBERTARIANS
- they require constant indoctrination to change them.
NEWSPAPER EDITORIAL
- Click here for a favorable newspaper editorial.
NEWSPAPER ARTICLE - Click
here for a news story on the opinion.
EDITORIAL CARTOON - Click
here for an editorial cartoon.
INNOCENT MAN FREED - after 22 years in prison, by
discrediting drug dog. http://rexcurry.net/drugdogs2.html
Pigs use dogs to fish for humans.
The USA needs
Rex the Wonder Dog !!!
--- NOT ADOLF THE NAZI DOG.
Rx means Rex. The prescription is liberty, and
freedom is the pill. Liberty lets everyone live like a king.
Repeal modern prohibition. GET HIGH ON FREEDOM.
Drug dogs are often used as ruses to violate
the constitutional rights of humans. In the war on drugs,
the government lies like a dog.
A dog is man's best friend. He should not be
man's worst enemy.
Dear Mr Curry, I wonder if I could please ask for some help?
We are a children’s civil rights
organisation based in the UK. As you are probably aware, there
has been a rise in the use of drugs sniffer dogs here. In some schools,
dogs are taken in to perform routine searches, and it is now commonplace
in London to have dogs posted at the exits to London underground trains.
While we have been concerned about
the use of dogs, and had objected on various civil liberties grounds,
we had naively assumed that dogs were pretty accurate! We’ve found
out the hard way that this isn’t true: two of our (non-drug-using) teenaged
members have now been stopped by dogs at stations, and then searched.
They were both pretty upset by the experience.
We want to find all the research
possible about the accuracy of sniffer dogs, and intend to bring
out a report to publicise what is going on. – quite honestly, we
are more likely to stop the practice of going into schools with dogs
in this way, rather than by arguing civil liberties (not a major
concern of the British public!)
Are you able to point me in the
direction of research into the accuracy of sniffer-dog detection
+ the rate of false positives? I’d be very grateful if you could.
Best Wishes, Terri Dowty, Director, Action
on Rights for Children
REPLY: Please do not be fooled by the accuracy of
sniffer-dogs because the dogs are used as props for lies, regardless
of any actual accuracy. Law enforcement claims that
the dogs alert when the dogs do not alert, and law enforcement will
knowingly use dogs that will alert on anything, nothing, or on cue.
http://rexcurry.net/drugdogsmain.html
The description of the police-state
in the U.K. (from your comments) is similar to the U.S.'s police
state. Please distribute the video link below to see police-state
tactics in the U.S. that were witnessed worldwide via videotape from
Goose Creek High School in South Carolina, where children were forced
to the floor in handcuffs and terrorized by dogs and cops with guns
drawn.
http://rexcurry.net/drugs-goose-creek.ram
Other images of domestic terrorism
in the U.S. are found in a google image search for the following
words: Goose Creek raid
As a leading authority on "sniffer-dogs"
in the U.S., I fear that similar behavior is in store for the
U.K. if it has not already happened near you. Please let me
know.
For more on the U.S.'s police state
see http://rexcurry.net/police-state.html
As to any accuracy of drug
dogs you can research Mr. Myers, who is referenced at this link
http://rexcurry.net/drugdog.jpg
and you can consult other experts
linked at http://rexcurry.net/drugdogsdan.html
Please keep me posted on your work.
Thank you
Rex Curry
Attorney At Law
|
