How can law enforcement use illegal drugs taken from evidence, or have illegal drugs in their possession during k-9 training?

Asked 10 months ago - Fairborn, OH

Drugs are illegal right? I can't possess illegal substances to train my dog in a public parking lot or wherever else, so what gives them the right? These drugs would either have to be purchased on the street for their own personal use(k-9 training) or taken from the evidence room, which would be tampering. Just wondering why nobody has fought for their fourth amendment rights and dog searches being unconstitutional when illegal activity would have to take place to train the dog.

Attorney answers (2)

  1. Christopher Lee Beck

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . The reason this would not be illegal is because law enforcement is exempt from possession purposes in an official capacity. Under your argument everytime an officer took drugs from a defendant as evidence they would be violating the law by possessing drugs. A quick look at the child pornography statutes would show that the prosecution and defense are permitted to possess the material for purposes of representing a client or prosecuting the alleged crime. Also think of the undercover officer posing as a prostitute, drug dealer, or drug purchaser. I appreciate the thinking outside of the box to establish an argument however, the statutory and case law do not back up the argument.

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  2. Stephen Ross Cohen

    Contributor Level 20

    Answered . Are you training your dog to find drugs? Perhaps that would be cheaper than buying them. Just hope your dog does not get addicted or he might bite or steal from you. You will come home some night and all the steaks and bones will be missing. He might try to take your girlfriend away or become more popular than you. First signs is he laying around and refusing to do anything, mood changes, wearing dark glasses when you take him out for a walk during the day. Spending more time at the fire hydrants? Ignoring trees? Mark my answer helpful or best if you believe it is.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

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