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News (Media Awareness Project) - US IN: Court To Debate Drug Searches
Title:US IN: Court To Debate Drug Searches
Published On:2000-03-09
Source:Exponent, The (IN)
Fetched On:2008-09-05 01:01:52
COURT TO DEBATE DRUG SEARCHES

The U.S. Supreme Court is discussing if stopping motorists and using dogs
to perform drug searches constitutes illegal search and seizure.

Tippecanoe County prosecutor Jerry Bean said traffic stops that lead to
drug searches are currently done in the county and will continue to be
performed unless the U.S. Supreme Court rules that it is illegal. "I agree
that it needs to be done," said Sgt. Shana Kennedy of the Indiana State
Police Department. "But I can see where someone may think they have gone
over the line." Kennedy said officers must find a probable cause to stop a
vehicle before using dogs to search the vehicle for drugs. Probable causes
include speeding, weaving in lanes, failure to signal and equipment
violations, such as a burnt out taillight. If the officer thinks there is
reasonable suspicion to continue with a drug search, he or she will ask the
motorist for consent to search the vehicle.

Kennedy said that some officers will be lenient in situations involving
small amounts of drugs.

"Most of us don't want to screw up your lives," she said.

However, possession of marijuana under 30 grams is technically a
misdemeanor, which constitutes being sent to jail with a bond. Searches for
drugs, like marijuana, are done with the help of specially trained canines.
Tippecanoe County has two dogs that search for drugs. Although that seems
like a small number, Bean said the county is fortunate to have any dogs.

Bean said that sometimes dogs are not available or are not in close
proximity to the stopped motorist. Because officers can only detain
motorists for a limited amount of time, searches are not done in these
situations.

Despite having only a few dogs to cover such a large area, Bean said there
are no plans to purchase more dogs to increase the number of drug searches
He said the dogs that serve the county are very effective.

"We're on I-65; we're right in the middle of Chicago and Indianapolis. This
is a prime area for (drug) trafficking," Bean said. Kennedy agreed. She
said she knows there are a lot of drugs coming through the area.

"It would scare people in this community if they knew what was going on,"
she said. "Personally, I want to see the dope off of the streets. If we can
stop one person from doing it, it's worth it."
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