Page 463 - NIXBOOK
P. 463

And unfortunately, my presence was usually needed with an urgent immediacy because of time constraints. Meaning, the dog
        was needed to sniff a car on a traffic stop, and the dog was needed like NOW, usually because the driver was still in the car and
        the officer needed the K9 unit there before the stop was over. Because the United States Supreme Court had ruled that a traffic
        stop could not be extended or delayed to wait for a police dog to show up and sniff it. To do so would violate the drivers’ right
        to be free from unlawful detainment. So. If a traffic stop took, say, 11 minutes for the officer to investigate and write a ticket or
        two, then at the end of that process the driver had to be released and could not legally be detained any longer to wait for a K9
        dog to come sniff the car. In fact, the K9 unit had to do their thing while the original officer was still writing the ticket; as soon
        as the officer is done with the ticket, the driver is free to go and can’t be held a second longer, even if the dog is only halfway
        done sniffing the car. So time was of the essence and a fast response was critical.

                                                                  One  day  I  was  on  patrol  when  a  Bremerton  police  officer
                                                                  called for a K9 unit to come sniff this suspicious as hell car
                                                                  he had stopped. The BPD K9 unit was not on duty at the
                                                                  time, but I was, so I rushed out to Bremerton to go help. I set
                                                                  a new land speed PR to get there quickly. When I arrived, the
                                                                  BPD officer explained that the stop was taking a little longer
                                                                  than usual because his printer wasn’t working, so he had to
                                                                  write out a traffic ticket by hand. Quite coincidentally, this
                                                                  gave me the time needed to drive the 19 miles from where I
                                                                  was to his location. While he finished the ticket, I ran Kilo
                                                                  around  the  car.  What  do  you  know  right  while  we  were
                                                                  finishing (with a positive alert indicating an odor of illegal
        narcotics in the car) the BPD Officer got done writing his ticket. The driver did not want to give consent to search to search his
        car, so the BPD officer impounded it with a tow truck, later got a search warrant, and found the hidden drugs.

        I should mention, and this is as good as a place as any, that Washington State, being run by liberals in the executive, legislative
        and judicial branches, had some laws on the books that made police work way more difficult than it should have been. One
        great example is that the Washington courts had decided to protect the rights of drivers to the extreme, and deny the police
        search powers incident to arrest, or based on just reasonable suspicion or even probable cause. Meaning, when we stopped a car
        and saw drug paraphernalia in the car, and we knew from prior experiences that the driver was a drug addict, none of that gave
        us a good enough legal reason to search the car. In fact, even if we saw actual drugs in the car, we could not search without
        consent or a warrant. That’s right we had to get a search warrant first. This was especially painful because in the old days we did
        have the authority to search; we could (and did, all the time) order the driver out of the car, and we could search the whole
        thing (except the locked glove box and trunk) and look under the seats, in the center console; everywhere, and recover the
        drugs. Then the laws changed and to search a car required getting a judge to approve it, via a search warrant, which was several
        pages of legal forms to fill out appropriately and then present to a judge. Not. Ever. Convenient.

        When I went to Florida for my initial K9 training, the other officers there, all being from Southern states, were shocked and
        horrified to hear me describe how Washington cops needed a search warrant to look in a car. Because in those southern states,
        no warrant was needed. They could hardly believe what I was telling them, and they felt very sorry for me that I had to jump
        through so many stupid legal hoops to do police work.

        Later as the years went by, more and more restrictive rules were added to police work. For example, it became essentially illegal
        for a K9 handler to bring his dog up to a front porch of a residence to sniff the front door seams to try and detect any odor of
        drugs coming from inside the house. Because homeowners have privacy
        rights, you know. That particular ruling caused a huge nationwide gasp
        and face palm from every K9 handler, our general thought was that a
        front porch, if it were accessible by, say, any random delivery man, or
        girl  scouts  selling  cookies,  or  door-to-door  solicitors,  then  it  must
        certainly be okay for a police dog, too? But no.

        Another  sad  example:    phones  became  illegal  to  search.  Even  if  a
        criminal were running away from a crime scene and they intentionally
        abandoned their phone and the police find it, we couldn’t just open it
        up and start browsing. A search warrant would be required. Because,
        you know…even criminals have rights.
   458   459   460   461   462   463   464   465   466   467   468