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0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Home News Latest Stories Emergency services Pot will dominate new legislative session Commissioners call special election for marijuana tax McGhee sentenced for crash that almost killed Si Casa Xpress employee Man suffers burns in gasoline fire at Medford trailer park Crime, Courts and Emergency Services Emergency services Emergency services UPDATED: Body found in Greensprings area is Klamath Falls fugitive Former Klamath County District Attorney Ed Caleb dies Man who allegedly almost robbed Purple Parrot returns Politics and Elections Amid rising scrutiny, governor says fiancee won't have role in administration Ashland aims for diversity, but numbers show shortfall Kent Bush: The keys to decoding the State of the Union address Oregon Legislature convenes, session starts Feb. 12 Education Parent files discrimination complaint against Ashland schools Some gains, some losses Medford reconsiders full-day kindergarten State boosts class time expectation A wealth of experience Environment Commissioners won't object to BLM road closures Mt. 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Medford moving up in economic rankings Umpqua now largest community bank on West Coast Nine companies pitch investment opportunities in Medford Real Estate News New owners of Medford Center promise a hands-on approach: Home loan rates continue to fall, applications soar Jackson County real estate market headed back to normal People In Business People in Business Transportation The heart of Brammo will remain Want to be an investor? Four companies will be pitching their plan to you Medford airport traffic flies to new heights Agriculture Nine companies pitch investment opportunities in Medford Darigold to shutter Medford plant, putting 29 out of work Opinion Latest Other Views: Nothing to see here; move along Our View: Improving graduation rates isn't easy Letters to the Editor, Jan. 30 Michael Gerson: An invasion of artificial outrage Matthew T. Mangino: The Fourth Amendment is going to the dogs Editorials Other Views: Nothing to see here; move along Our View: Improving graduation rates isn't easy Our View: Revving up the gas tax debate Our View: Updating Oregon's presence in the U.S. Capitol Our View: We're overdue for a big shakeup Letters to the Editor Letters to the Editor, Jan. 30 Letters to the Editor, Jan. 29 Letters to the Editor, Jan. 28 Letters to the Editor, Jan. 27 Letters to the Editor, Jan. 26 Guest Opinions Guest Opinion: Market forces work against LNG project's success Guest Opinion: More reasons to oppose gas pipeline A fair shot for all: addressing our low-wage crisis Guest Opinion: SOU biomass burner would be big mistake Guest Opinion: Reforms needed to build upon John Day’s success Lifestyle Latest stories Peepers, creepers and skulkers Community blog: Five "Must Haves" Community blog: Raise a cup of bone broth to better health Amy Gehrt: Change is hard but sometimes necessary Fishing Report: Friday, Jan. 30 Food Community blog: Raise a cup of bone broth to better health Good to the Bone Gail Ciampa: Marcona almonds make this a salad with substance The next Pike Place Market? 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Live Music in Local Clubs Terrapin Flyer plays Historic Ashland Armory Eric Johnson and Mike Stern at The Rogue Theatre Alcyon Massive and Frankie Hernandez play acoustic at Howiee's Comedian Susan Westenhoefer pulls no punches Theater Classics, premiers highlight '15 season for OSF Randall Theatre presents playwright Charles Ludlam's comedy "The Mystery of Irma Vep" Roy Orbison tribute hits high note Thanks for the Memories Theatre presents 'Cardenio' Thanks for the Memories Theatre presents 'Rent' Music Here it is! Live Music in Local Clubs Jesse Cook plays the Craterian Theater Shybo Torres plays South Stage Cellars Terrapin Flyer plays Historic Ashland Armory Trio Valtorna plays SOU Music Hall Community Events Comedian Susan Westenhoefer pulls no punches Paula Poundstone performs at the Craterian Len Dickson's 'Fall Harvest' to grace Belle Fiore wine label A look at the life and vision of Martin Luther King Jr. Ty Barnett and Ian Harris are 'Divided' Dining Sandwiches and burgers are hits at The Rogue Chef The Vine offers a taste of Italy Cheeseburgers on the cheap Valley View — It's all in the family Patty Groth's Morning Glory is still a delight Tempo Videos Classifieds Jobs Autos Real Estate FEATURED » Obituaries Blogs TV Listings Movie Listings Oregon Outdoors Oregon Healthy Living Magazines & Special Sections NEWS NOW Pot will dominate new legislative session ... McGhee sentenced for crash that almost killed Si Casa Xpress employee ... Man suffers burns in gasoline fire at Medford trailer park ... Pot will dominate new legislative session ... McGhee sentenced for crash that almost killed Si Casa Xpress employee ... Man suffers burns in gasoline fire at Medford trailer park ... Matthew T. Mangino: The Fourth Amendment is going to the dogs Comment By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Jan. 29, 2015 @ 9:13 am Updated Jan 29, 2015 at 5:54 PM By Matthew T. Mangino More Content Now Posted Jan. 29, 2015 @ 9:13 am Updated Jan 29, 2015 at 5:54 PM » Social News When the Bill of Rights — the first 10 amendments to the U.S. Constitution — were adopted in 1791, the Fourth Amendment was included to protected individuals from unlawful search and seizures. The framers of the Constitution were outraged by the unfettered access British officials had to colonists’ homes and persons. The new nation wanted to insure that any unlawful intrusion by the government would be dealt with swiftly and consistently — a lofty goal, even for the high-minded men who helped draft this enduring document. Remarkably, much of the modern era of search and seizure jurisprudence has gone to the dogs, literally. Little would the framers believe that individuals would have to be protected from overzealous police work performed by dogs, albeit government dogs, but dogs nonetheless. The U.S. Supreme Court heard oral argument recently in Rodriguez v. United States. At issue was whether a police officer “unnecessarily prolonged” an otherwise legal traffic stop by calling for a K-9 officer to walk a drug-sniffing dog around the stopped vehicle. This is not the first time the U.S. Supreme Court has taken up the issue of four legged police personnel. In 1983 and 2005, the Supreme Court declared that dog sniffs conducted by law enforcement in public places did not run afoul of the Fourth Amendment — such conduct did not intrude upon a “reasonable expectation of privacy.” In 2000, the court ruled that routine drug checkpoints employing dog sniffs without suspicion resulted in an unlawful search under the Fourth Amendment. More recently, the Court ruled that using a drug-sniffing dog on the front porch of a residence is a “search,” and subject to the protections of the Fourth Amendment. The Rodriguez case involved a valid traffic stop which the officer prolonged for seven or eight minutes in order to conduct a dog sniff of Rodriguez’s car. The entire traffic stop lasted about 30 minutes, at which point the dog alerted to methamphetamine and Rodriguez was arrested. The case was appealed following Rodriguez’s conviction. The Court of Appeals found there was no “reasonable suspicion” for the dog-sniff detention. As a result, another doggy-cop case made its way to the high court. The “reasonable suspicion” standard came about as a result of the 1968 landmark U.S. Supreme Court decision in Terry v. Ohio. Prior to Terry, and dating back to the birth of the Constitution, a Government official — or police officers as we came to know them — needed probable cause to detain an individual for investigatory purposes. The Terry decision extended the authority to detain based on suspicion less than probable cause. The Court expected that a police officer conducting a “Terry stop,” as they came to be known, would be able to articulate a reason why she thought the individual detained might be involved in some criminal conduct. In Rodriguez, there was no articulable reason to detain Rodriguez and his vehicle. The citation had been written and the driver should have been free to go on his way. As Rory Little wrote on the SCOTUSblog “Here, in a case premised on no reasonable suspicion of narcotics, approving a prolonged detention of any length for a narcotics dog sniff seems, as Justice [Elena] Kagan suggested, “just not right” under Terry.” Justice Sonia Sotomayor also had concerns. She suggested during the Rodriguez argument that the Supreme Court’s recent Fourth Amendment jurisprudence was “flying off the rails” due to its pro-police deference, reported Reason Magazine. “[W]e can’t keep bending the Fourth Amendment to the resources of law enforcement. Particularly when this stop is not … incidental to the purpose of the stop. It’s purely to help the police get more criminals, yes. But then the Fourth Amendment becomes a useless piece of paper.” Matthew T. Mangino is of counsel with Luxenberg, Garbett, Kelly & George. His book, “The Executioner’s Toll, 2010,” was released by McFarland Publishing. You can reach him at mattmangino.com and follow him on Twitter at @MatthewTMangino. By Matthew T. Mangino More Content Now MailTribune.com By Matthew T. Mangino More Content Now Posted Jan. 29, 2015 @ 9:13 am Updated Jan 29, 2015 at 5:54 PM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. 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