Police searching an unlocked car?

Bear

Vehicles parked on school grounds are considered the same as a school locker.

Walking a K9 around the cars in the parking lot is not considered illegal or intrusive. Mainly since the dog is not physically in the vehicle. However, any alerts or "hits" the K9 makes is considered reasonable suspicion/probable cause. After that a vehicle can be legally searched and these types of searches have been reviewed many times by state and the US supreme court. They have been upheld almost every time.

Quasimodo

Yep. Just like Connecticut cars are on school property and therefore fall under the same category as lockers. Actually because a dog is used the courts have said that a check of the car is not intrusive only because the police do not search the car unless the dog 'hits' on a scent and now gives the police probable cause to enter the car.

lonely guy go cubs!!!!!!!!

thats what happens when it is left unlocked any body could of went into his car its liike leaving your front door open your looking for trouble

Mr Placid

Yes. Police may search a car without a warrant whenever there is probable cause to believe there is contraband (or any seizable items for that matter) inside the car.

Dog hit = probable cause, anywhere in the U.S.

Note: This rule applies whether the car is in a school parking lot, the WalMart parking lot, your driveway (if your driveway is accessible to the general public), the side of the street, or anywhere generally open and accessible to the public, whether parent, owner, driver, or anyone else is or is not present.

Greg P

Before I adress the question, I hope your son locks his car every day. Otherwise, he's stupid. Sorry.

Secondadly, this is pretty controversial because a locker is rented space whereas a car is private property. The dog though provides probable cause for the search.

"If a kid/adult has nothing to hide WHY care if your car is searched?"

It's a civil rights issue. We have the 4th amendment not because we have anything to hide, but because we should have the right not to be searched constantly, everywhere we go.

beverly

As the previous poster stated, the fact that a trained Police K9 'alerted' on the vehicle gives them the probable cause. The fact that the vehicle was parked in a public parking area (and more specifically, in the parking lot of a public school) gives them enough reason to have the dog there in the first place.

Prussian Blue

Cops can & will do anything they desire, regardless of whom owns it, whose property it is on, & what laws apply, etc.

Leigh â™¥ Proud Conservative

Yes, if the dog smelled something he thought was drugs then a car can be searched: locked or not, due to probable cause. There is no right to privacy when it comes to police dogs in public places because of "plain smell"- it runs along the same lines as the "plain sight" statue.

simplydelicious

If a kid/adult has nothing to hide WHY care if your car is searched?

queenie_lori

School students, personnel, and visitors are covered by the protections of the Fourth Amendment to the Unites States Constitution and Article 14 of the Massachusetts Declaration of Rights. Searches of students and their possessions must not be unreasonable and are legal as determined by case law including New Jersey v. T.L.O., 469 U.S. 325, 336-7 (1985), Commonwealth v. Carey, 407 Mass. 28, 31 (1990), Commonwealth v. Carey, 407 Mass. At 531-532; New Jersey v. T.L.O., 469 U.S. at 337 n. 5, New Jersey v. T.L.O., 469 U.S. at 341-342.
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Vehicles - Canines may be used to determine the presence of controlled substances/narcotics in vehicles parked on school grounds. Upon canine alert indicating the presence of controlled substances/narcotics in the vehicle, the vehicle shall be secured by the School Resource Officer and it will be determined as to who has control of the vehicle and the School Administration and Resource Officer will proceed according to system polices and procedures.

Libertarian and proud of it

Yes, because it would be considered reasonable suspicion. If police have reasonable suspicion that there is anything illegal inside a vehicle- which they would if the dog barked at car, they can search it.
If the dog did not indicate that the car had drugs, then they could not search the vehicle.

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