Category Archives: Dog sniff

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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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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