Category Archives: Dog sniff

S.D.Fla.: Tip of man brandishing a gun was more like Navarette than J.L.

“The undersigned finds that the instant case is more akin to Navarette, than J.L. Although the tipster in the instant case was completely anonymous, there was sufficient indicia of reliability, based on the totality of the circumstances, to support Officer … Continue reading

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D.Mont.: Def was arrested for DUI; so, already detained, a dog sniff wasn’t unreasonable

Defendant was arrested for DUI, and the court finds, based on United States v. Hunnicutt, 135 F.3d 1345, 1350 (10th Cir. 1998), that “detention of the driver at the scene to accomplish a canine sniff is generally reasonable where the … Continue reading

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OH12: Not challenging reliability of drug dog not IAC without showing result would change

Defendant doesn’t show that the outcome would be different if defense counsel had challenged the certification and reliability of the drug dog. State v. Wash, 2020-Ohio-152, 2020 Ohio App. LEXIS 131 (12th Dist. Jan. 21, 2020). “Accordingly, the court finds … Continue reading

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ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. “We decline, however, to rule that an officer’s knock on a driver’s … Continue reading

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E.D.Cal.: Using drug dog in the patrol car didn’t prolong the stop

There was a factual basis for the stop, and the drug dog at hand did not prolong the stop. After the alert, defendant then consented to the search of the vehicle. United States v. Navarro, 2020 U.S. Dist. LEXIS 3062 … Continue reading

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D.Utah: Unlatching but not opening car door to look inside then shutting it was attenuated from dog sniff that gave PC

Officers unlatched the door of a suspicious car parked on an cul-de-sac away from houses, and the car was suspected of a theft from a Sam’s store. The door was shut without looking inside and then a drug dog was … Continue reading

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CA6: Without RS, two officers get no QI, but another acting at their request does

Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading

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E.D.Tenn.: Dog sniff of car left parked on street was reasonable

The police used a dog to sniff around a car parked on the street that they believed belonged to defendant but defendant disavowed. No search warrant was needed. United States v. Davis, 2019 U.S. Dist. LEXIS 219490 (E.D. Tenn. Dec. … Continue reading

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W.D.Mo.: FedEx’s taking a package off its conveyor belt for a dog sniff wasn’t a seizure that interfered with def’s possessory interest

“[T]he police did not ‘seize’ the package until after the dog alerted to the presence of drugs. It was not a seizure to remove the package from the FedEx conveyor belt, carry it 200 feet to the back of the … Continue reading

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D.Neb.: Def consented to a dog sniff, but there was RS anyway

The stop was based on a traffic violation, and reasonable suspicion developed for a dog sniff. In addition, defendant was asked to consent to a dog sniff and did: “When initially asked for consent, Defendant responded, ‘I guess so, I … Continue reading

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N.D.Ga.: False positives by drug dog don’t necessarily undermine PC for SW; GFE can still apply

The fact a drug dog has alleged false positives (i.e., hits on things but no drugs found) does not mean that a dog alert that led to a search warrant still cannot be relied upon in good faith. United States … Continue reading

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WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

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