Wednesday, April 14, 2004
Ruling has little effect on DeKalb’s K-9 unit
Article by:
Nina Gougis - Staff Reporter
• ngougis@northernstar.info
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.
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