Category Archives: Dog sniff

UT: 40 minute delay for dog was reasonable where it was tied up in another part of same investigation

The 40 minute delay for the dog sniff, already based on reasonable suspicion, was reasonable. The dog was at a residence related to the same investigation then came to where the car was stopped. The court also mentions the weather … Continue reading

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W.D.Pa.: Typo that SW had to be served same day it was issued could be overlooked

Typo on a search warrant that it had to be executed the same day it was issued could be overlooked. It was issued mid-afternoon; it clearly didn’t require that the probable cause would cease to exist at 11:59 pm that … Continue reading

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ND: Knock on car window when def asleep inside with engine running was within community caretaking function

Defendant was unresponsive in a parked car with the engine running. “The officer’s knocking on Bridgeford’s vehicle window was within the scope of the officer’s community caretaking function. Because the officer was acting within his role as a community caretaker, … Continue reading

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OH12: Automobile exception search permits search of locked toolbox

With a dog alert on a car, the search of a locked toolbox under the automobile exception was permissible. State v. Sullivan, 2019-Ohio-2279, 2019 Ohio App. LEXIS 2372 (12th Dist. June 10, 2019). Exigent circumstances could not be used to … Continue reading

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D.Me.: False name justified extending traffic stop for dog sniff

“The dog sniff began roughly 12 minutes and 45 seconds into the traffic stop. At that point, Martin had provided two driver’s licenses that spelled his name differently and had verbally provided a separate birth date that did not match … Continue reading

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CA5: Byrd doesn’t give the passenger any more standing than he already didn’t have

Byrd doesn’t give the passenger any more standing than he already didn’t have. United States v. James, 2019 U.S. App. LEXIS 15531 (5th Cir. May 24, 2019). “Under our precedent that applied to the stop at issue, the officers’ use … Continue reading

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CO: Because CO has legalized recreational MJ, use of a drug dog requires PC because a dog sniff uncovers lawful activity

Because Colorado has legalized possession of small amounts of marijuana, admission of possession of it in a car doesn’t permit a drug dog to sniff the car without probable cause to believe there is an illegal amount in the car. … Continue reading

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OH12: Package in transit was reasonably briefly detained for dog sniff

Briefly detaining a package in transit at least on reasonable suspicion for a dog sniff was reasonable and not a seizure of the package. They were staying at a local B&B and received two FedEx packages there, one under an … Continue reading

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W.D.Ky.: Drug dog immediately on the scene didn’t extend the stop

Because the drug dog got right there, the dog sniff didn’t extend the stop in violation of Rodriguez. United States v. Thorn, 2019 U.S. Dist. LEXIS 70781 (W.D. Ky. Apr. 26, 2019). Defendant argues that his case was like Rodriguez, … Continue reading

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D.Neb.: SW for cell phone defeats motion for return of phone for time being

Defendant’s cell phone was seized when he was arrested. Five days later, the government sought a search warrant for the phone. Defendant isn’t yet entitled to return of the phone. United States v. Gonzalez, 2019 U.S. Dist. LEXIS 61279 (D. … Continue reading

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TN: Riley would not be applied retroactively on post-conviction

In a post-conviction case, Riley wouldn’t be applied retroactively by statute to defendant’s cell phone search incident legal before it was decided. Sayles v. State, 2019 Tenn. Crim. App. LEXIS 193 (Mar. 28, 2019). The stop was based on a … Continue reading

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D.Ore..: Running drug dog around car after a DUI arrest was reasonable

Defendant was arrested for DUII and there was probable cause. “As Mr. Aruiza-Andrade was under arrest, the further delay while a canine was summoned did not unlawfully extend the traffic stop.” United States v. Aruiza-Andrade, 2019 U.S. Dist. LEXIS 53788 … Continue reading

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