Police, The Fourth Amendment, Qualified Immunity

Plymouth, IN Officer John Weir’s K9 Unit, Rex, makes a false alert

with one comment

link to District Court opinion


The relevant facts can be summarized briefly. Officer Laffoon pulled over Plaintiffs’ car for speeding. Mr. Miller was the driver. Officer Weir was near the stop and came to assist Officer Laffoon. While Officer Laffoon was writing a speeding ticket, Officer Weir ordered his police dog, Rex, to sniff around Plaintiffs’ car. Mr. Miller vehemently objected. Rex alerted for drugs and the officers had Mr. Miller get out of the car. While Mrs. Miller was still in the car, Officer Weir ordered Rex to sniff inside the car. Although there was no additional alert, Officer Weir searched the car. He also looked inside the open coat of Mrs. Miller and searched Mr. Miller.

As Mr. Miller kept protesting, Officer Weir placed him in handcuffs. Mr. Miller remained in handcuffs until the search of the car was completed. No drugs or other contraband were found. The entire stop lasted about 40 minutes.

Written by Burgers Allday

October 6, 2013 at 8:38 am

Posted in Uncategorized

One Response

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  1. So I take it this is a standard way around the 4th amendment?



    October 7, 2013 at 12:12 am

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