Supreme Court muzzles sniffer dogs

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grimey
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Re: Supreme Court muzzles sniffer dogs

Post by grimey »

Dex wrote:By itself it could not be used for a warrant to search the premises. Without seeing disclosure of the evidence from the informant I can only guess that the informant gave a detailed description of the grow-op and the FLIR signature helped corroborated the informants statement; enough for a search warrant.
And so it was in this case. The RCMP were able to obtain a warrant based on the results of the FLIR image of the respondent’s home coupled with the information supplied by the two informants. When the RCMP entered the home, they found a large quantity of marijuana, two sets of scales, freezer bags, and several guns. The street value of the marijuana was between $15,000 and $22,500. The respondent was charged with a variety of offences, to which his response was that the FLIR overflight was a violation of his Charter rights and the police should therefore never have been granted a search warrant based in part on the FLIR image. Accordingly, in the absence of a valid search warrant, he argues, the evidence obtained by the police from inside the house should be excluded. There then being insufficient evidence to support the convictions, he should be acquitted.
You're right. However, where do you draw the line at what is valid info from an informer? In the case of the sniffer dogs, the principal probably had a reasonable suspicion that there were drugs present (It was easy enough for me to spot the potheads in high school, they were usually high. I'm assuming the principal isn't retarded, and that potheads haven't changed much.). Why does the information provided by an informant, who is in all likelihood not an upstanding citizen, count for more than the information provided by a principal or teacher? And despite the hilarious sequence of high school teachers being busted for having sex or coke with their students, lets assume they're fairly honorable and upstanding members of the community for now.

Of course, if they have a reasonable suspicion, why not just search the specific lockers, why mess around with the dogs?
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