Comment Re:A sane supreme court decision? (Score 1) 409
The dog sniffing around your car is not considered a search of the car (because it's searching the area around the car that is not part of your personal property.
How is that any different than an X-ray/millimeter-wave/infrared device being used to determine the contents of the vehicles?
In both cases (sniffing-dog and machine) a tool outside of the officer's five senses is being used.
Does having fur make using a dog permissible legally while a scanning device is not permissible short of some sort of probable cause?
If someone is stopped by an officer with a dog, the dog is legally allowed to sniff around the vehicle, but even if the officer has a scanning device with him he's not allowed to use it short of a probable cause existing.
A search is a search, regardless of whether it uses scent molecules or infrared/millimeter-wave/x-ray/ultrasonic energy, and it's also a search regardless of whether or not the "detector" has fur and a collar.
Strat