Re:Court rules drug dog barely more accurate than a coin fli...
by CamperBob2 on Friday August 07, 2015 @03:44PM
(#10024565)
He is not talking about being worse 'constitutionally'. He is absolutely correct in saying that being sent to jail is worse than being searched. I suspect he is correct positing that is why the standards of evidence for conviction (beyond a reasonable doubt) are higher than for search (probable cause).
Perhaps, but my point is that neither standard is being met. If the officer didn't have PC before calling in a dog with the performance history described in the article, then he doesn't have PC afterwards either.
It is not OK to violate one aspect of the Fourth Amendment just because it appears (in someone's opinion) to call for less stringent adherence than other aspects.
He is however missing the point in that he is bringing up a separate standard of evidence that has no bearing on the issue being discussed. Being searched isn't bad just because it can lead to you going to jail.