Pubdate: Wed, 14 Apr 2004
Source: Northern Star (IL Edu)
Copyright: 2004 Northern Star
Contact:  http://www.star.niu.edu/
Details: http://www.mapinc.org/media/2815
Author: Nina Gougis

RULING HAS LITTLE EFFECT ON DEKALB'S K-9 UNIT

A court ruling prohibiting routine use of drug-sniffing dogs during traffic
stops will have little effect on police procedures in DeKalb County, said
Lt. Van Bomar of the DeKalb County Sheriff's office.

The Dec. 5 Illinois Supreme Court ruling states that to conduct a sniff
search of a car, an officer needs reasonable suspicion of the presence of
drugs.

Bomar said the department has had a similar policy requiring officers to
have probable cause for a sniff search. Overly intrusive and inappropriate
searches have not been a problem in the past.

The ACLU has argued the searches violate the Fourth Amendment, which guards
against unreasonable search and seizure.

Bomar said the use of dogs has been beneficial because the dogs' heightened
sense of smell allows them to detect well-hidden drugs.

Ed Yohnka, communications director for the Illinois ACLU, said the use of
the dogs themselves is not the problem. Rather, it is the routine use of
dogs for unwarranted searches that violates privacy rights.

He said officers should have evidence of drug presence before a search is
carried out.

"Unwarranted searches [whether with a dog or an officer] cannot replace
good, solid investigatory work in which there is reason to suspect that an
individual is involved in illegal activity," Yohnka said.

DeKalb Police Lt. Carl Leoni said there have been no complaints about overly
intrusive dog searches. Any officers using a dog have had probable cause, he
said.

Bomar said the old policy will continue in accordance with the new ruling. 
- ---
MAP posted-by: Josh