Category Archives: Dog sniff

CA9: Credibility findings re drug dog and handler are binding on appeal

Defendant’s package was opened in transit with a warrant after a dog sniff. After a three day suppression hearing, the district court found the dog handler credible and there was no misrepresentation of facts concerning the dog’s accuracy or training. … Continue reading

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KS: Inadequate findings and conclusions must be brought to trial court’s attention before appeal

Defendant should have objected to the adequacy of findings of fact and conclusions of law on his search issue in the trial court first. “Without such an objection, this court must presume the district court found all the facts needed … Continue reading

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N.D.Iowa: Def overcomes presumption of reliability of new drug dog under Florida v. Harris

A USMJ under Florida v. Harris concludes that the defense successfully rebutted the reliability of a drug dog on the job only one month, and the alert based search was held without probable cause. United States v. Acosta, 2019 U.S. … Continue reading

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WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs by Radley Balko:

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D.Ariz.: A dog sniff of the person at the border is not “non-routine”

Defendant crossed into the U.S. at a pedestrian border crossing. A dog sniff of the person was conducted. “The Court finds that the intrusiveness of the canine search did not rise to the level of a non-routine search, which would … Continue reading

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KS: Def was already stopped when police approached; he got out of car and locked it and was arrested; no possessory interest involved when a drug dog sniffed his locked parked car

Defendant was stopped on a grocery store parking lot, got out of the car, and locked it. He was searched incident to arrest. A little later a drug dog came and stiffed the car. Defendant was deprived of no possessory … Continue reading

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D.Ore.: Where the detention was with RS, the fact it took an hour to get a free drug dog there wasn’t unreasonable

The officer had reasonable suspicion for detention for the dog sniff. Then it took an hour to get a drug dog there because the police were busy that night. It was not unreasonable on the totality. United States v. Krumwiede, … Continue reading

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NE: For Rodriguez purposes, it doesn’t matter that the stop was at a gas station and not on the side of the road

Defendant’s reasonable detention pre-dog sniff was at a gas station and not on the side of the road. That doesn’t change the constitutional calculus. State v. Ferguson, 301 Neb. 697 (Nov. 30, 2018). “Here, the Court finds the warrant described … Continue reading

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NYTimes: Marijuana Legalization Threatens These Dogs’ Collars

NYTimes: Marijuana Legalization Threatens These Dogs’ Collars by Stacy Crowley: Drug-sniffing dogs that are trained to detect marijuana are complicating searches where pot has been legalized. That’s forcing some into early retirement.

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IL: Dog sniff at motel room door violates 4A

A 2014 dog sniff at a motel room door violates the Fourth Amendment, and a reasonably well-trained officer in Illinois would know that. Suppressed. People v. Lindsey, 2018 IL App (3d) 150877, 2018 Ill. App. LEXIS 807 (Oct. 30, 2018). … Continue reading

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DE: State const’l claim Caballes should be rejected would not be considered on mere plain error review

Defendant for the first time on appeal raised a state constitutional argument that Caballes on dog sniffs as searched should be rejected. The court declines to go there on plain error review. Bradley v. State, 2018 Del. LEXIS 477 (Oct. … Continue reading

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PA: Request for consent to search by two officers with no dog present was not consent to a dog sniff

Defendant’s consent to two officers to conduct a search of his car didn’t extend to a dog sniff, too, because there wasn’t a dog there at the time, and that would be the common understanding. Commonwealth v. Valdivia, 2018 Pa. … Continue reading

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