Archive for the ‘Drug dogs’ Category

It just keeps getting worse!!!

September 11, 2009

Cape Coral – A 72-year-old man says he passed a breathalyzer but was arrested for D.U.I. anyway.
Police say there were traces of some type of substance in his urine but Vincent Tallo says that’s impossible.
“I’ve served my country, my record is clean and this is how I’m treated,” said Vincent Tallo.
Tallo was arrested at a D.U.I. checkpoint on Friday.
He and friend Mary Debenedetta were on their way home after a night of dancing.
“I bought a bottle of beer and sipped that bottle for two hours,” said Tallo.
The couple pulled up to the checkpoint and was approached by an officer.
“He asked me–had I been drinking, I told him I had one beer,” said Tallo.
Tallo said he had to follow the officer’s finger with his eyes and do a few more field tests.
“He told me to stand on my right foot and put my hands at my side. He said, Sir, you are arrested for D.U.I.–I said what? I requested the breathalyzer,” said Tallo.
Tallo said a female officer gave him the breathalyzer test and he blew a .000.
The 72-year-old was taken to a portable bathroom and asked to urinate in a cup.
“They’re doing a urine test– I said this guys a health-nut he doesn’t even take an Advil ,” said passenger Debenedetta.
Cape Coral police tell us the test can show twelve different drug classifications.
They say something showed up in Tallo’s test but they have to wait until the results come back from the state before they know exactly what it is.
Tallo traffic citation says “D.U.I.–pending urine”. The couple is now fighting the charges.
“I want other people to not go through this ever,” said Debenedetta.

Tallo was issued a citation and notice to appeal for “DUI — Pending Urine — Checkpoint,” the documents state. Due to Tallo’s vehicle being towed, he and Debenedetta walked to Debenedetta’s house, more than two miles away. SA office declined to prosecute.

UPDATE: The city has paid out nearly $41,000 total in two separate lawsuits where the Cape Coral police were accused of false arrests at DUI checkpoints. The city settled earlier this month with Vincent Tallo and James Wilhelm. On July 13, the city agreed to a $22,000 settlement with Tallo, while on July 15, it entered into a $18,750 settlement agreement with Wilhelm, officials said.

When are enough people going to insist that these aberrations of the United States Constitution be abolished? These checkpoints are so despicable, I cannot even control my temper. We had one of these checkpoints in Sarasota county over the weekend and the Leos made 9 DUI arrests (all of their arrests in 2008 were thrown out of court because of police misconduct at the checkpoints) and wrote 207 citations. How is it possible to write 207 citations if you are just asking people if they are impaired? What is wrong with us?

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I’m going to throw up

August 25, 2009

Retire the dogs

August 24, 2009

The case of Nicholas Magnusson (18). We are going to follow this case here on this blog.

On August 13, 2009 at approximately 9:25pm, Mr. Magnusson was a subject of a traffic stop on Toledo Blade and Woodhaven (city of North Port) for a burned out tag light by arresting Officer Bush.  He was eventually arrested for having about half a pound of weed in the trunk of the car. According to the police dispatch report, which anyone can view online, the arresting officer called the K9, but the dog unit didn’t get there for two hours at 11:35.06 pm. There are some conflicting times in the reports. The K9 officer reports the time of 23:34. The Sheriff’s office reports the arrest at 10:02pm(which is the time written on the probable cause affidavit). Could there possibly be some fudging of the times on the police report? The booking time is 1:00am on August 14.

The arresting officer said that Mr. Magnusson was arrested as the result of a dog sniff by K9 Gino and said in his report that the dog was there when he finished his paperwork.

in Illinois v. Caballes, 543 U.S. 405, 407 (2005), the Scotus found that a seizure (traffic stop) that is justified at its inception may become unreasonable if it is unreasonably prolonged in duration. Thus, if the sole reason for the stop is to issue a warning to the motorist, the stop becomes unreasonable if it is prolonged beyond the time reasonably necessary to issue the warning. And if a drug-sniffing dog is used during this unreasonable extension, the use of the dog violates the Fourth Amendment.

Mr. Magnusson is currently out on bail, but there is no attorney of record, yet. His arraignment date is 9/11/2009.

What is the difference between this and the Gestapo or Writs of Assistance?

August 20, 2009

This is a Border Patrol checkpoint case. First thing, you have to realize is that these checkpoints are NOT on the border. They are operating these checkpoints up to 100 miles inland. (By the way, 100 miles includes the entire State of Florida).

I think I’m going to have to put my number one pet peeve as drug sniffing dogs. If you haven’t been following this case, you should. This case is a great example of the inch and mile rule. Give the Leos an inch…… State of Arizona v. Steven Anderson.

This dog handler testified that his dog was trained to detect the odor of humans and or certain narcotics. He couldn’t, however, say exactly what the dog was alerting to either humans or narcotics. He admitted that there was really no difference in the smell of  concealed humans and unconcealed humans. So, if a human is driving the vehicle or inside the car, the dog might be alerting to the smell of the driver. The drug sniff took place before the vehicle even made it to the stop sign or checkpoint. The Border Patrol spends upwards of $10,000 to train their drug sniffing dogs.

First, could someone please tell me why they just don’t use drug sniffing parrots. At least a parrot could testify in court.

Lawyer: Did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: When did you smell drugs in the car?

Parrot: Drugs in the car!!

Lawyer: Are you able to smell anything else, like for instance beef jerky?

Parrot: Drugs in the car!!