If someone had a brick of wrapped white powder sitting on the front seat of a parked car, and a cop walking by noticed it, would that constitute probable cause to search the car for drugs? I tend to think a judge would think so. Would it be improper for a cop to look in the window of the car, even if he had no prior reason to expect it to have drugs in it? I think not (and I think the warrant issuing judge would agree.

Now would it be improper to have a dog walk down the street sniffing cars for scent of drugs? Also likely not. It's not a search unless they have to enter the vehicle. The fact that the scent in emanating from the vehicle and detectable outside the vehicle makes such detection not a search under the 4th Amendment.

quote:

Originally posted by XinTX:
All this "probable cause" stuff just irks me. According to our Constitution, probable cause is used as the basis for a warrant, NOT a search. The search (according to the 4th Amendment) requires a warrant.

Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.