Category Archives: Dog sniff

IN: Warrantless pulling on a loose car door panel was with PC and reasonable

The officer’s warrantless pulling on a loose car door panel with probable cause was not an unreasonable search under the Fourth Amendment or state constitution. Young v. State, 2024 Ind. App. LEXIS 279 (Oct. 4, 2024). The arrival of drug … Continue reading

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WY: Dog sniff of already parked car didn’t require RS

Defendant left his car at a convenience store’s gas pumps for 30-40 minutes. The police dog sniff while it was parked was not unreasonable. It was not a stop to be extended. Labbe v. State, 2024 WY 99, 2024 Wyo. … Continue reading

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CA9: Inventory of backpack of just released suspect was still reasonable

Defendant was arrested on suspicion of murder, and his backpack was put in the police car. His backpack was briefly searched and nothing was found. He was released after questioning, but his backpack was subjected to a later inventory which … Continue reading

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GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI

Swabbing defendant’s hands for DNA while he was handcuffed in an interrogation room was valid as search incident. The DNA was easily destroyed. (Thus exigency too.) Gonzalez v. State, 2024 Ga. LEXIS 203 (Sep. 17, 2024). An warrant still in … Continue reading

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CA8: 4A requires no particular type of drug dog alert

“Collier also questions how Raptor alerted, suggesting that its alert was insufficiently ‘profound.’ … Our ‘probable cause inquiry is always fact specific.’ … Every dog is unique, and a dog that smells illicit drugs is not required to communicate with … Continue reading

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MN: The totality of circumstances claimed to be RS were more innocent that suggesting criminality was afoot

“Altogether, the totality of the circumstances in this record do not amount to particularized suspicion. The officer acknowledged he did not have sufficient evidence to support a DUI investigation. The evidence at the suppression hearing consisted of ‘“otherwise perfectly legal … Continue reading

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TX14: The dog sniff violated the 4A because the dog’s nose went in the car window

The dog sniff violated the Fourth Amendment because the dog’s nose went in the car window and sniffed the interior. State v. Organ, 2024 Tex. App. LEXIS 6279 (Tex. App. – Houston (14th Dist.) Aug. 27, 2024). “We conclude that … Continue reading

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HI: Failure to litigate application of Posse Commitatus Act was IAC under state law

Defense counsel was ineffective for not raising the Posse Comitatus Act where his offense was just outside the Pearl Harbor base and the military was the first to respond. Other courts disagree, but the state exclusionary rule shows that there … Continue reading

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CAAF: Remote erasure of seized cell phone supported tampering conviction

Defendant’s conviction for interfering with a seizure under UCMJ 131e is affirmed. NIS had seized the phone but not yet put it in a Faraday bag to protect it when she remotely erased it. United States v. Strong, 2024 CAAF … Continue reading

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NJ: Defense gets discovery of drug dog’s records

Defendant was entitled to discovery of the drug dog’s records to determine the dog’s reliability. State v. Morgan, 2024 N.J. Super. LEXIS 88 (Aug. 21, 2024). Suspicionless supervised release searches are reasonable when applied to child porn offenders. United States … Continue reading

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D.Minn.: PC shown for SW for dog sniff at apartment door

There was probable cause for a dog sniff warrant at defendant’s apartment door. There was also probable cause for the warrant for his vehicle. The use of an unwitting informant doesn’t negate probable cause (collecting cases). United States v. Turner, … Continue reading

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N.D.Cal.: iCloud SW was particular as to subject and time

This iCloud warrant was based on probable cause and was particular and had a specific time limit. “Certain of the categories of evidence authorized for seizure by the February iCloud Warrant may appear overbroad in isolation but are sufficiently particular … Continue reading

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CA5: Drug dog jumping in already open window not unreasonable

Drug dog’s spontaneously jumping in the vehicle window that was down when the stop began wasn’t directed by the officer and didn’t violate the Fourth Amendment. United States v. Wilson, 2024 U.S. App. LEXIS 19424 (5th Cir. Aug. 2, 2024). … Continue reading

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E.D.Mo.: A gun seized in plain view can be run to see if it’s stolen

An officer seizing a firearm in plain view off defendant could run it to see if it was stolen. United States v. Reid, 2024 U.S. Dist. LEXIS 130770 (E.D. Mo. June 11, 2024). 2255 petitioner’s IAC claim on Fourth Amendment … Continue reading

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NJ: Under NJ’s broad discovery rules, drug dog records may be discoverable

“This appeal presents a question of first impression regarding when the State may be compelled to provide field and health reports of narcotics detection canines in accordance with the Supreme Court’s holding in Florida v. Harris, 568 U.S. 237 (2013). … Continue reading

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OH4: Waiting for backup was prudent for delaying dog sniff even though there was no RS

With a late night stop of a person that had a drug history and the officer was outnumbered, it was prudent to call for backup before the dog sniff, and the total elapsed time wasn’t that much. The court of … Continue reading

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N.D.Iowa: Dog sniff at apt door from common hallway was reasonable even if hallway was locked to outsiders

A dog sniff at an apartment door from a common hallway was reasonable, even if the hallway also had a locked door. “Following the reasoning in Penaloza-Romero and Peck, and applying the Dunn factors, I find that the area around … Continue reading

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CA7: Drug dog’s 59% success rate still PC

The fact the drug dog here had only a 59% (or 80%) success rate is still probable cause. The fact a dog can’t tell the difference between legal and illegal cannabis is of no moment. It’s still probable cause. United … Continue reading

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OH1: Inadvertence for plain view is a fact question

The inadvertence requirement of plain view here was a fact question. Police showed up on a wellness check about an allegedly suicidal person. Here it was a syringe cap that led to finding the syringe. State v. Hyatt, 2024-Ohio-2422 (1st … Continue reading

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N.D.Ga.: Questions about drugs without RS unreasonably extended stop

The officer’s questions about drugs during the mission of a routine traffic stop unreasonably extended the stop, and the dog sniff is suppressed. United States v. Chavez, 2024 U.S. Dist. LEXIS 110229 (N.D. Ga. June 3, 2024). Defendant rented an … Continue reading

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