If the dog has been properly trained to detect firearms, and is being handled by a properly trained officer, it is that good. It will smell the weapon and alert on it. This would not constitute probable cause necessarily since you may not be committing a crime. Since it is not illegal to have a gun in your car in Texas, the alert means very little. It can be argued that you have broken federal law (when you drove up), and are planning to do so again (when you leave), but since you are not at the car, you are not currently breaking the law by being in possession of the weapon. BTW, I do not recommend testing this law but I think it would be thrown out again if they tried to use it.
Usually, the dogs are brought around the lots during the day and are looking for guns and drugs and sometimes tobacco. They are then used for administrative punishment. I have some problems with this from a law enforcement aspect. If the dog is trained for too broad a set of smells, as in one dog for all three above, then the alert does not normally tell the handler what is in the vehicle. Thus, there is no probable cause for a search since the dog could be alerting on tobacco which is not illegal.
The problem is for the teacher or student who is caught this way. they cannot be charged normally, but can be fired or expelled.
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- by srothstein
- Mon Jun 09, 2008 12:14 am
- Forum: General Texas CHL Discussion
- Topic: search by dog question
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