Category Archives: Dog sniff

N.D.Ill.: Border search exception doesn’t permit cell phone search for proof of a prior domestic crime

The border search exception does not apply to searching defendant’s cell phone at Customs for proof of a domestic crime, here mail theft. United States v. Carpenter, 2023 U.S. Dist. LEXIS 11014 (N.D. Ill. Jan. 23, 2023). The drug dog … Continue reading

Posted in Dog sniff, Ineffective assistance | Comments Off on N.D.Ill.: Border search exception doesn’t permit cell phone search for proof of a prior domestic crime

OH6: State could get a jury instruction that defendant refused to submit to a DNA search

The state could get a jury instruction that defendant refused to submit to a DNA search. State v. Roberts, 2023-Ohio-142, 2023 Ohio App. LEXIS 131 (6th Dist. Jan. 18, 2023). The facts in isolation may not show reasonable suspicion but … Continue reading

Posted in Automobile exception, DNA, Dog sniff, Reasonable suspicion, State constitution | Comments Off on OH6: State could get a jury instruction that defendant refused to submit to a DNA search

W.D.N.Y.: Moving car without PC for later dog sniff hours later tainted SW based on dog alert

Defendant’s vehicle was stopped and ultimately removed to another location for a dog sniff to get probable cause for a search warrant for the car. The removal was unreasonable and justified under the Fourth Amendment. The dog sniff was several … Continue reading

Posted in Dog sniff, Issue preclusion | Comments Off on W.D.N.Y.: Moving car without PC for later dog sniff hours later tainted SW based on dog alert

M.D.Pa.: Refusal to show hands when ordered shows no seizure

Defendant’s refusal to show his hands when ordered to by the officer was not a seizure. United States v. Garner, 2023 U.S. Dist. LEXIS 5400 (M.D. Pa. Jan. 11, 2023).* Defendant’s stop was justified and it escalated to reasonable suspicion … Continue reading

Posted in Dog sniff, Reasonable suspicion, Seizure | Comments Off on M.D.Pa.: Refusal to show hands when ordered shows no seizure

CA3: SOL for arrest and search under § 1983 runs from then

The SOL begins with plaintiff’s arrest and search, not the prosecution. Here it was time-barred. (Plaintiff also doesn’t establish any grounds for equitable tolling other than the library was inaccessible during Covid, and he did nothing for over two years.) … Continue reading

Posted in § 1983 / Bivens, Dog sniff, Issue preclusion, Plain view, feel, smell | Comments Off on CA3: SOL for arrest and search under § 1983 runs from then

NY3: On parole out of your county and lying about travels RS for parole search

Defendant was on parole and stopped outside his residence county. That was reasonable suspicion for a parole search. Plus, defendant’s multiple and inconsistent explanations about his travels, which the police officers knew were false, coupled with his parole situation and … Continue reading

Posted in Automobile exception, Dog sniff, Probation / Parole search, Reasonable suspicion | Comments Off on NY3: On parole out of your county and lying about travels RS for parole search

OH8: Calling for drug dog after warning ticket issued unreasonably extended stop

“Regardless, Officer Ashenfelter acknowledged that the traffic violation investigation was completed at 11:10. He called for the canine unit at 11:12, and the canine unit arrived at 11:18 a.m. [¶] Thus, the evidence reflects that the officer, after completing his … Continue reading

Posted in Dog sniff, Informant hearsay, Reasonable suspicion, Seizure | Comments Off on OH8: Calling for drug dog after warning ticket issued unreasonably extended stop

S.D.N.Y.: The SW was as particular as the information officers had would allow

“In this case, by contrast, there is no indication that law enforcement had a wealth of detailed information that was not reflected in the search warrant. The Premises Warrant was not required to provide more details regarding the specific electronic … Continue reading

Posted in Dog sniff, Particularity, Seizure | Comments Off on S.D.N.Y.: The SW was as particular as the information officers had would allow

CA6: Def’s consent to search included a later dog sniff

Defendant consented to an original search for drugs. The vehicle was moved elsewhere and a dog sniff occurred. His consent carried over to the dog sniff. United States v. Rodgers, 2022 U.S. App. LEXIS 34250 (6th Cir. Dec. 12, 2022). … Continue reading

Posted in Consent, Dog sniff, Reasonable suspicion | Comments Off on CA6: Def’s consent to search included a later dog sniff

IN: dog sniff outside a hotel room door was reasonable under the state constitution

A dog sniff outside a hotel room door was reasonable under the state constitution. (And, while other information was illegally gathered, this was enough for the warrant.) Crabtree v. State, 2022 Ind. App. LEXIS 385 (Dec. 1, 2022). Excessive force … Continue reading

Posted in Curtilage, Dog sniff, Excessive force, Reasonable suspicion, School searches | Comments Off on IN: dog sniff outside a hotel room door was reasonable under the state constitution

MD: Consent to search computer was withdrawn before search

Defendant signed a consent to search his computer hard drive to the US Army CID, but, once lawyered up, he effectively withdrew the consent a week later. The hard drive was searched after the withdrawal of consent, and the search … Continue reading

Posted in Consent, Dog sniff, Drug or alcohol testing, Good faith exception, Issue preclusion | Comments Off on MD: Consent to search computer was withdrawn before search

NC: Dog sniff of package in mail stream reasonable

A dog sniff of a package in the mail stream is reasonable. There is no reasonable expectation of privacy from a dog sniff there. State v. Teague, 2022-NCCOA-600, 2022 N.C. App. LEXIS 748 (Nov. 1, 2022). Defendants’ motion in limine … Continue reading

Posted in Dog sniff, E-mail, Inevitable discovery, Mail and packages, Standing | Comments Off on NC: Dog sniff of package in mail stream reasonable

D.S.D.: Traffic stop immediately moved into being a drug investigation without RS and was unreasonable

Defendant’s stop was for not having an LPN and a cracked windshield. There was a temporary permit for the vehicle and the crack wasn’t obstructing vision. Bringing in a drug dog for a sniff of car was unreasonable. The officer … Continue reading

Posted in Cell phones, Dog sniff, Reasonable suspicion, Standing | Comments Off on D.S.D.: Traffic stop immediately moved into being a drug investigation without RS and was unreasonable

MO: Def’s arrest violated state law but not the 4A, so it was not unreasonable

“This appeal presents the question of whether a police officer necessarily violates the Fourth Amendment when he makes an arrest that is prohibited by state law. Relying upon Virginia v. Moore, 553 U.S. 164, 128 S. Ct. 1598, 170 L. … Continue reading

Posted in Dog sniff, Probation / Parole search, Reasonableness | Comments Off on MO: Def’s arrest violated state law but not the 4A, so it was not unreasonable

D.S.D.: Time waiting for someone to come to remove car, tow truck or friend, was part of incidents of stop

When the vehicle will be removed because of no licensed person to take control, the time between the calling of the tow truck or a friend or family member to take it away and their arrival is part of the … Continue reading

Posted in Dog sniff, Protective sweep, Staleness | Comments Off on D.S.D.: Time waiting for someone to come to remove car, tow truck or friend, was part of incidents of stop

W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

On the totality, there was probable cause for cell phone search warrants. One can attempt to explain away the pieces, but the totality shows it. A dog sniff in the breezeway of an apartment complex violated no reasonable expectation of … Continue reading

Posted in Dog sniff, Excessive force, Issue preclusion, Reasonable expectation of privacy, Stop and frisk | Comments Off on W.D.Wash.: Dog sniff in apt building breezeway violated no REP, and it was moot anyway

CT: Blood draw by nurse at hospital was not 4A search

The taking of a blood sample by a nurse at a hospital is not a Fourth Amendment search. State v. Ragalis, 2022 Conn. Super. LEXIS 2025 (New Britain Sept. 8, 2022). Custody under Miranda is not the same as a … Continue reading

Posted in Custody, Dog sniff, Reasonableness, Search incident | Comments Off on CT: Blood draw by nurse at hospital was not 4A search

CA7: Shooting a man using a running chainsaw as an apparent weapon was subject to QI

Shooting a man advancing on an officer with a running chainsaw who was ignoring police commands to stop was subject to qualified immunity. Esker v. Lutz, 2022 U.S. App. LEXIS 23033 (7th Cir. Aug. 18, 2022).* The defendant officers’ contention … Continue reading

Posted in Dog sniff, Qualified immunity | Comments Off on CA7: Shooting a man using a running chainsaw as an apparent weapon was subject to QI

CA8: Pre-Jardines dog sniff at apt door saved by GFE

Pre-Jardines dog sniff at the door of an apartment was valid when it happened, so it is saved by the good faith exception under Davis. United States v. Perez, 2022 U.S. App. LEXIS 22977 (8th Cir. Aug. 18, 2022). “In … Continue reading

Posted in Dog sniff, Good faith exception, Ineffective assistance, Reasonable suspicion | Comments Off on CA8: Pre-Jardines dog sniff at apt door saved by GFE

DE: People inside isn’t exigency for nighttime SW

The justification for a nighttime search warrant was insufficient as a matter of law. The mere presence of people in the house is not exigency. State v. Harrison, 2022 Del. Super. LEXIS 302 (July 14, 2022). The USMJ found defendant … Continue reading

Posted in Automobile exception, Cell site simulators, Dog sniff, Franks doctrine, Nighttime search | Comments Off on DE: People inside isn’t exigency for nighttime SW