Category Archives: Dog sniff

CA6: Turning off dashcam when drug dog arrived “concerning” but not fatal to the dog sniff

CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading

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DE: Typo of month of controlled buy in affidavit for SW could be ignored; totality shows what it really is

The affidavit says that the controlled buy was in the “second half of February 2017” when the search warrant was issued February 1. It’s clear to the court from reading the affidavit as a whole that this is a typo … Continue reading

Posted in Dog sniff, Warrant requirement | Comments Off

NPR: Eliminating Police Bias When Handling Drug-Sniffing Dogs

NPR: Eliminating Police Bias When Handling Drug-Sniffing Dogs by Martin Kaste: Police dogs searching for drugs sometimes find them when they’re not there. Some people want to eliminate the influence of their handlers’ beliefs to make it more fair.

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N.D.Iowa: Calling for drug dog whose sniff didn’t extend stop at all was reasonable

Calling for a drug dog during processing the paperwork of a traffic stop that produced a dog sniff before the stop was over was reasonable. United States v. Harry, 2017 U.S. Dist. LEXIS 174689 (N.D. Iowa Oct. 23, 2017), adopted, … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

FL5: Driver can be ordered out of car for dog sniff

Defendant’s car was going to be subjected to a dog sniff, and the handler wanted him out. The first officer directed defendant out of the car, which is reasonable in any traffic stop. At that point, a gun could be … Continue reading

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IN: A dog alert on a package wasn’t PC because it only proved the package could have been handled by somebody who might have used MJ legally

The state seized cash in a package for mailing for forfeiture and then sought to turn it over to the federal government. The owners sought to recover the cash. The court finds that the seizure of the cash was without … Continue reading

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IL again holds that a second officer running a dog around a car while first officer writes ticket is reasonable because it doesn’t extend the stop

A second officer arrived immediately after defendant’s stop for speeding, and he ran a dog around the car while the first officer wrote out a ticket. This process didn’t extend the stop, and that was reasonable. People v. Pulido, 2017 … Continue reading

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IA: Hour long detention waiting for drug dog lacked RS

Defendant was stopped for a window tint violation, which he didn’t contest. His LPN check of out-of-state plates took six minutes. It took nearly an hour for the drug dog to arrive. There was no reasonable suspicion for that long … Continue reading

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N.D.Ind.: Use of drug dog in hotel hallway wasn’t at all like invading the curtilage in Jardines

Use of a drug dog in a hotel hallway that produced an alert on defendant’s room’s door was not unreasonble under Jardines. A hotel hallway, accessible to many people, cannot be compared to the curtilage of a home. United States … Continue reading

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CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring

Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading

Posted in Dog sniff, Probable cause, Search, State constitution | Comments Off