Category Archives: Dog sniff

CA4: Tip describing man with a gun found a block away walking away was RS

Bystander’s tip that a black man in red pants and a black shirt had left a large fight at a West Virginia bar going east after having displayed a gun. A block away to the east, officers found defendant walking … Continue reading

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D.Mont.: Drug dog’s reliability doesn’t need to be shown in SW application

A search warrant application does not have to support the reliability of a drug dog used to establish the probable cause under Harris. The remedy is a motion to suppress. “As this Court reads it, Harris is a reiteration of … Continue reading

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CA8: Due process right to informational privacy not clearly established

Surveying SCOTUS cases, the court concludes that a due process right to informational privacy is not clearly established. Therefore, the motion to dismiss is granted. “Under Reichle, therefore, the uncertain status of the right to informational privacy means that Defendants … Continue reading

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HI: Dog sniff for drugs in traffic stop was not reasonably related to the purpose of the stop

Dog sniff for drugs in traffic stop was not reasonably related to the purpose of the stop, and it is suppressed. State v. Ikimaka, 2020 Haw. LEXIS 139 (June 9, 2020):

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AL: Dog sniff at apt door unreasonable under Jardines

“We consider whether the use of a drug-sniffing dog to sniff the door seams of the apartment was, under the reasoning of Jardines, an illegal search in violation of Earl’s Fourth Amendment right to be free from unreasonable searches. We … Continue reading

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D.Nev.: Franks challenges have two elements; failure of one is failure of the claim

The court can resolve Franks challenges by answering the easiest of the two questions, falsity or materiality, since both are required. Here, the alleged falsity wasn’t material to the probable cause determination, and that ends the inquiry. United States v. … Continue reading

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CA11: Officer reasonably mistook dog’s whimper inside for person in distress; entry valid

“The major question presented on appeal is whether it was reasonable for officers, mistaking a dog’s whimper for a person in distress, to enter Evans’s home without a warrant. Given the totality of the circumstances, we say yes.” United States … Continue reading

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CA4: Search incident of backpack of handcuffed def still reasonable

Despite his being handcuffed, a search incident of defendant’s backpack was reasonable because he could still try to access it. (First holding was abandonment for disavowing the backpack). United States v. Ferebee, 2020 U.S. App. LEXIS 12940 (4th Cir. Apr. … Continue reading

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KY: Detaining bystanders to facilitate the arrest of one was reasonable

State case law already permits officers to detain bystanders for a reasonable period for officer safety in execution of search warrants. The court adopts the Sixth Circuit rule and extends it to arrest warrants, too. “We hold that detaining Constant … Continue reading

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D.Utah: Dog handler’s subjective belief dog alerted unreasonable

The dog handler’s subjective belief that his drug dog alerted is inadequate for a search of a person’s car. United States v. Jordan, 2020 U.S. Dist. LEXIS 71048 (D. Utah Apr. 21, 2020):

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S.D.Fla.: Tip of man brandishing a gun was more like Navarette than J.L.

“The undersigned finds that the instant case is more akin to Navarette, than J.L. Although the tipster in the instant case was completely anonymous, there was sufficient indicia of reliability, based on the totality of the circumstances, to support Officer … Continue reading

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D.Mont.: Def was arrested for DUI; so, already detained, a dog sniff wasn’t unreasonable

Defendant was arrested for DUI, and the court finds, based on United States v. Hunnicutt, 135 F.3d 1345, 1350 (10th Cir. 1998), that “detention of the driver at the scene to accomplish a canine sniff is generally reasonable where the … Continue reading

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OH12: Not challenging reliability of drug dog not IAC without showing result would change

Defendant doesn’t show that the outcome would be different if defense counsel had challenged the certification and reliability of the drug dog. State v. Wash, 2020-Ohio-152, 2020 Ohio App. LEXIS 131 (12th Dist. Jan. 21, 2020). “Accordingly, the court finds … Continue reading

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ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. “We decline, however, to rule that an officer’s knock on a driver’s … Continue reading

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E.D.Cal.: Using drug dog in the patrol car didn’t prolong the stop

There was a factual basis for the stop, and the drug dog at hand did not prolong the stop. After the alert, defendant then consented to the search of the vehicle. United States v. Navarro, 2020 U.S. Dist. LEXIS 3062 … Continue reading

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D.Utah: Unlatching but not opening car door to look inside then shutting it was attenuated from dog sniff that gave PC

Officers unlatched the door of a suspicious car parked on an cul-de-sac away from houses, and the car was suspected of a theft from a Sam’s store. The door was shut without looking inside and then a drug dog was … Continue reading

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