Under Illinois v. Caballes (2005), police can conduct K9 searches during lawful traffic stops without probable cause, but this does not justify extended searches when the dog finds nothing; a Virginia Tech study found Roanoke police were 1.5 times more likely to stop black drivers and black vehicles were more than twice as likely to be searched, yet no disciplinary action resulted from this 13-minute search that yielded no contraband.
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The Dog Didn't Alert — But They Searched Him Anyway (After Following Him From a Gas Station).Added:
Roanoke County Virginia, a man stops at a gas station, adds some oil to his car, and a Roanoke County officer is already watching.
You're getting over in my lane right now.
Y'all be pulling me over. That's crazy.
We're about to see how this goes. See I got my seat belt on. What's up, sir?
Good, how are you? I'm doing well. My name is Robert Roanoke County. Oh, do I?
Yeah.
It's kind of weird that you seen me sitting at the gas station and then you follow me like right after. One for the program, sir. You notice he ain't say nothing. You notice the [ __ ] ain't have nothing to say. He's probably going to come back over. It smells like weed in the car.
Okay. All right, now a second cop car done pulled up. All right, here you go.
Just watch you have you step out for a minute. For what? I'm just going to walk my dog around your car. Walk the dog around my car for what?
>> Yes, sir. Just a sniff of narcotics. I'm just going to make sure there's nothing illegal in the car. All right. All right, over here for me. They're trying to bring a drug dog out after me. You can let him look stupid. Let me get the license plate. He don't smell nothing.
Come on now.
The man in the day stop with the [ __ ] Come on now.
Look at him wagging around looking stupid with the big buddy in the car.
Oh, is it right there? Is it right there? Oh, you almost got it. They out here got me in the damn rain. Your dog ain't finding nothing, man. Better luck some other time, I guess. I don't know, man. Come on now, back him up off me now. Come on. Y'all already done checked there. They thought they had something.
Now I get to sit here and look at them.
You found that good [ __ ] You found that [ __ ] No, he ain't find nothing, dumb ass. Oh, look at this [ __ ] You feel good?
You happy you got me out here in the rain? Our dog's trained to find marijuana, cocaine, heroin. Which did he find? He didn't find anything. He alerted to you. Great. I need you to stand back here while I search your car.
>> Great. Just a minute. Great. It's a hard act. I don't know why he's looking in my car. His dog done already searched. His dog got a better nose than both of these [ __ ] right here. But They just want to waste my Some and have me out here in the rain any longer.
Don't understand it. You Roanoke Police, yeah, Roanoke County. Sit out here and make sure I'm recording all this. This guy, this guy, the dog, nothing, waste of time.
Typical stuff police do when they see a black guy at a gas station putting some oil in his car. Well, they don't know. Looking crazy. The dog in the back, you know what I'm saying?
He getting the chill in the warmth. I'm trying to chill in the warmth.
I got to sit out here with these guys.
In my bedroom slippers. Getting my damn bedroom slippers wet. We've got to get up out of here, man. And if y'all notice in the video, tell me why he I was being searched. He didn't tell me anything.
Y'all ate and headlights is out. Why am I out here and the drug dog is going around and he's Why is all this happening? Why?
Police officers see a black guy, first thing they want to do on a any day, have him to stand out here while they search while they search.
And look stupid.
Stupid. Crazy.
I'm not trying to do no extra talking after this [ __ ] They searched my car unrightfully and now I want to leave. It's cold. My hands is getting numb.
You find what you're looking for yet?
You did.
I don't think you got it yet. You still ain't got it. Love, man. That's what LB out here trying to promote. Love. Then I got these two of us after me, man. Oink first, man. This is [ __ ] outrageous, man. Outrageous, man. He's got on the jar back there. He thought he had something in it.
You're wrong, man. Just like this whole traffic stop or whatever the hell you want to call it. Wrong. I need to give me my damn ID back. He's still got my damn ID. Still looking. He's still going. Even after the dog went around there four, five times, he's still looking. I don't understand what he thinks he can find. He said his dog's trained to find marijuana, cocaine, heroin. Hey, buddy, I don't have any of it.
You didn't find any of it, man. You're not going to. I don't know what the degrees it is, but this is cold. Look at my fingers. My fingers are getting numb. Ooh, they're looking at the picture like they're stupid.
Better luck next time, boys.
This has been going on down 12 13 minutes now. Just cooling here with buddy. I don't know where he he at.
Somewhere not finding nothing. And this is our This is a regular in my [ __ ] I don't know. At least I don't know.
They say They see me, they see a black guy, they see dreads. Oh.
[ __ ] we got to take him down. We got to get him. What you got? I guess he ain't have nothing. Let's see what he got from me.
Look like some paperwork. He probably ain't about to let me off with the one on this one. He was trying He was really trying to find that weed. He probably going to give me a headlight something.
I don't know.
It's all right. He couldn't get what he wanted, so he's going to try to do something. Thank you. Thank you.
>> bit of advice, you might want to vacuum the shake out of your floorboards, okay?
Okay.
All right.
I don't know what shake it is, but I don't All right. Um, it's just a warning citation for the headlight. Okay, thanks so much.
Yeah, yeah, yeah.
Thank you. This is your car. Find any of that weed, coke, or heroin or nothing?
No, I didn't find any of that. Thank you. Thank you.
Thank you. Thank you. Your dog didn't find anything. You seen a black guy at the gas station, so you pulled me over.
Simple as that. Shit's crazy. Look at this [ __ ] Look at my [ __ ] [ __ ] just threw all this [ __ ] around.
The K9 handler admits on camera his dog found nothing, which under Illinois v.
Caballes 2005 means no probable cause to enter the vehicle ever existed. Yet, officers spend over 13 minutes searching the car while the driver stands in the rain. This didn't happen in isolation, either. A Virginia Tech study commissioned by the Equitable Policing Coalition found Roanoke police were 1.5 times more likely to stop a black driver, and black driven vehicles were more than twice as likely to be searched, numbers the state's own Department of Criminal Justice Services later confirmed statewide. The stop ends with a headlight warning, a rummaged car, and no drugs, no contraband, no arrest. As of today, no public disciplinary record, no charges, and no lawsuit from this encounter have been reported. Drop your thoughts in the comments. Once that dog walked away empty, was there any legal ground left to stand on?
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