Saturday, February 5, 2005

Rochester police K-9 finds drugs during vehicle stops

By JASON HOWE
Democrat Staff Writer


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Article: Search, seizure laws stay solid: N.H. won't follow Supreme Court's police dog decision


ROCHESTER - Two men were arrested on multiple drug charges last weekend during a string of motor vehicle stops using the police K-9 dog, Fina.

The work with Fina came just days before federal lawmakers dropped a requirement that forces police to either receive a driver's permission or a warrant before searching a vehicle with a police dog.

New Hampshire's laws have not changed, however, and still require one of the two forms of authorization, according to state law.

(The driver) did not give permission for a search during his 12:54 a.m. stop early on the morning of Jan. 29.

Police did not have a warrant, but said the law also requires them to produce an inventory of everything in a vehicle that is stopped and towed.

They are allowed to enter a vehicle and use any police "tools" to determine the car's contents prior to towing.

"A police dog is just the same as a flashlight or handcuffs in terms of how they are used by police officers. They are a police tool," Lt. Anne Gould said Tuesday afternoon.

As a result, police found and confiscated "felony quantities" of as-yet undisclosed narcotics, resulting in four charges.