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	<title>Comments on: Supreme Court Lets Dog Sniffing Stand</title>
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	<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/</link>
	<description>Online Journal of Politics and Foreign Affairs</description>
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		<title>By: kristian</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-42038</link>
		<dc:creator>kristian</dc:creator>
		<pubDate>Fri, 08 Apr 2005 18:24:50 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-42038</guid>
		<description>I have to say this just blows my mind..
I have sat and watched this play out for five yes five years.The man in prison for 37 years is my boyfriend.I&#039;m on 10 years of probation and he sits for THIRTYSEVEN YEARS.wHAT ON EARTH IS GOING ON HERE!!!???I have to say I agree with the comment made in regards to....Gee sexual abuse,
Murder!!It just makes me sick..</description>
		<content:encoded><![CDATA[<p>I have to say this just blows my mind..<br />
I have sat and watched this play out for five yes five years.The man in prison for 37 years is my boyfriend.I'm on 10 years of probation and he sits for THIRTYSEVEN YEARS.wHAT ON EARTH IS GOING ON HERE!!!???I have to say I agree with the comment made in regards to....Gee sexual abuse,<br />
Murder!!It just makes me sick..</p>
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		<title>By: LJD</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41631</link>
		<dc:creator>LJD</dc:creator>
		<pubDate>Wed, 06 Apr 2005 11:22:57 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41631</guid>
		<description>It&#039;s hard to compare the cop smelling somthing and the dog....  We all know the dog&#039;s heightened senses.  I guess it would be o.k. for the cops to use x-rays as well...

Where we&#039;re headed is neighborhood patrols, walking around sniffing for drugs, ammunition, whatever.  Meanwhile children are abducted, sexually abused, spouses beaten, personal property stolen.  How do you &quot;sniff&quot; for those things?

You may not even think you&#039;re doing anything wrong.  Tell it to a judge.  Just make sure you don&#039;t have those poppy seeds on your bagel.</description>
		<content:encoded><![CDATA[<p>It's hard to compare the cop smelling somthing and the dog....  We all know the dog's heightened senses.  I guess it would be o.k. for the cops to use x-rays as well...</p>
<p>Where we're headed is neighborhood patrols, walking around sniffing for drugs, ammunition, whatever.  Meanwhile children are abducted, sexually abused, spouses beaten, personal property stolen.  How do you "sniff" for those things?</p>
<p>You may not even think you're doing anything wrong.  Tell it to a judge.  Just make sure you don't have those poppy seeds on your bagel.</p>
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		<title>By: The Southern California Law Blog</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41622</link>
		<dc:creator>The Southern California Law Blog</dc:creator>
		<pubDate>Wed, 06 Apr 2005 04:08:25 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41622</guid>
		<description>&lt;strong&gt;Six Pix from SoCal&lt;/strong&gt;
Six sites that drew my attention today:

California Conservative has joined the Blogopshere.  Content aside, its got a great design (by Armageddon Design).  It also has the latest on Al Gore&#039;s new video venture here
	Original Bear Flagger Howard Ow...</description>
		<content:encoded><![CDATA[<p><strong>Six Pix from SoCal</strong><br />
Six sites that drew my attention today:</p>
<p>California Conservative has joined the Blogopshere.  Content aside, its got a great design (by Armageddon Design).  It also has the latest on Al Gore's new video venture here<br />
	Original Bear Flagger Howard Ow...</p>
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		<title>By: whatever</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41601</link>
		<dc:creator>whatever</dc:creator>
		<pubDate>Wed, 06 Apr 2005 00:01:21 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41601</guid>
		<description>I don&#039;t get your reasoning.  Is a policeman using his eyes doing a &quot;search&quot; also?  Are some senses not a search and others are?  Or is this a person/animal thing?  What if a cop smells smells something?  Is that okay?

I think most people realize a &quot;search&quot; is something active - people coming in and tearing up your house - not something passive from the senses.

Your response is bit over-the-top.</description>
		<content:encoded><![CDATA[<p>I don't get your reasoning.  Is a policeman using his eyes doing a "search" also?  Are some senses not a search and others are?  Or is this a person/animal thing?  What if a cop smells smells something?  Is that okay?</p>
<p>I think most people realize a "search" is something active - people coming in and tearing up your house - not something passive from the senses.</p>
<p>Your response is bit over-the-top.</p>
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		<title>By: Kent</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41584</link>
		<dc:creator>Kent</dc:creator>
		<pubDate>Tue, 05 Apr 2005 21:52:44 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41584</guid>
		<description>I share the concern over this highly questionable ruling.  But I have to quibble with your statement that the Fourth Amendment gives an &quot;explicit guarantee that there be no searches without a warrant.&quot;  What the Fourth Amendement gives is a prohibition against &lt;em&gt;unreasonable&lt;/em&gt; searches, followed by conditions under which a warrant may be issued -- the warrant being a court ruling, before the fact, that a search &lt;em&gt;is&lt;/em&gt; presumptively reasonable.

Some wiggle room is needed.  The exceptions site you link points out that, under the common law, a police officer has the authority to arrest a person who commits a crime in his presence, without an arrest warrant -- a power I want him to have.  It follows that he should be able to search the person for weapons, or for evidence supporting the police officer&#039;s affadavit.

The problem is that the courts cannot seem to distinguish between necessary wiggle room and leaving the gate wide open.  Such distinctions require intelligence and good judgement.  A country whose citizens actually &lt;em&gt;pay&lt;/em&gt; to see Martin Sheen act can&#039;t be expected to have much intelligence or good judgement.  

(Couldn&#039;t resist that last cheap shot.)</description>
		<content:encoded><![CDATA[<p>I share the concern over this highly questionable ruling.  But I have to quibble with your statement that the Fourth Amendment gives an "explicit guarantee that there be no searches without a warrant."  What the Fourth Amendement gives is a prohibition against <em>unreasonable</em> searches, followed by conditions under which a warrant may be issued -- the warrant being a court ruling, before the fact, that a search <em>is</em> presumptively reasonable.</p>
<p>Some wiggle room is needed.  The exceptions site you link points out that, under the common law, a police officer has the authority to arrest a person who commits a crime in his presence, without an arrest warrant -- a power I want him to have.  It follows that he should be able to search the person for weapons, or for evidence supporting the police officer's affadavit.</p>
<p>The problem is that the courts cannot seem to distinguish between necessary wiggle room and leaving the gate wide open.  Such distinctions require intelligence and good judgement.  A country whose citizens actually <em>pay</em> to see Martin Sheen act can't be expected to have much intelligence or good judgement.  </p>
<p>(Couldn't resist that last cheap shot.)</p>
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		<title>By: Rodney Dill</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41571</link>
		<dc:creator>Rodney Dill</dc:creator>
		<pubDate>Tue, 05 Apr 2005 20:24:25 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41571</guid>
		<description>&quot;I sniffed, but I did not inhale&quot;
-- Bill Clinton</description>
		<content:encoded><![CDATA[<p>"I sniffed, but I did not inhale"<br />
-- Bill Clinton</p>
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		<title>By: Brian J.</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41566</link>
		<dc:creator>Brian J.</dc:creator>
		<pubDate>Tue, 05 Apr 2005 19:36:57 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41566</guid>
		<description>You have nothing to fear unless you do something wrong.

Or unless a dog looks at you, your car, your home, or in your direction oddly.</description>
		<content:encoded><![CDATA[<p>You have nothing to fear unless you do something wrong.</p>
<p>Or unless a dog looks at you, your car, your home, or in your direction oddly.</p>
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		<title>By: Jay</title>
		<link>http://www.outsidethebeltway.com/archives/supreme_court_lets_dog_sniffing_stand/comment-page-1/#comment-41561</link>
		<dc:creator>Jay</dc:creator>
		<pubDate>Tue, 05 Apr 2005 18:25:47 +0000</pubDate>
		<guid isPermaLink="false">/?p=9931#comment-41561</guid>
		<description>Wow.  That is just so wrong.  I can&#039;t believe they ruled that way!

But then, maybe I ought to be unsurprised.</description>
		<content:encoded><![CDATA[<p>Wow.  That is just so wrong.  I can't believe they ruled that way!</p>
<p>But then, maybe I ought to be unsurprised.</p>
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