Category Archives: Dog sniff

D.Del.: Dog sniff at a storage unit not a search

A dog sniff at a storage unit didn’t violate any reasonable expectation of privacy. It isn’t the same as curtilage of the home. Defendant’s attempt to show a Franks discrepancy because he originally rented C43 but moved two weeks later … Continue reading

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D.Minn.: Not subpoenaing drug dog’s records not shown to be IAC for lack of prejudice

Defense counsel not subpoenaing the drug dog’s records wasn’t prejudicial where defendant can’t show that the drug dog’s use would be disallowed in the case. “There is no reason to believe that any additional information would have altered the probable … Continue reading

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CA5: Interstate bus passenger had no standing against a dog sniff of the luggage compartment

An interstate bus passenger had no standing against a dog sniff of the luggage compartment of the bus. United States v. Rodriguez-Lara, 2017 U.S. App. LEXIS 3774 (5th Cir. March 2, 2017):

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S.D.N.Y.: One officer nearly immediately running dog around car while second dealt with stop was reasonable

One officer running a dog around a car while the license was being checked was reasonable. The dog, of course, alerted. United States v. Dominguez-Villa, 2017 U.S. Dist. LEXIS 20949 (S.D. N.Y. Feb. 14, 2017). “Between the female passenger’s attempt … Continue reading

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VA: Jardines not retroactive on state habeas review

Defendant’s conviction was final ten months before Jardines was decided by SCOTUS. “Therefore, because the controlling legal landscape when Oprisko’s conviction became final did not dictate that use of a drug-sniffing dog within the curtilage of private property was a … Continue reading

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CO: Dog alert for MJ still justifies a search of a car, even in a MMJ and recreational use state

Even in a recreational and medicinal marijuana state, the smell of marijuana picked up by a dog is probable cause including a search of the trunk. The court rejected the claim that the dog would alert on both legal and … Continue reading

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PA grants review of whether consent to search includes a dog sniff an hour later

Review granted: Commonwealth v. Valdivia, 2017 Pa. LEXIS 234 (Feb. 1, 2017), from Commonwealth v. Valdivia, 2016 PA Super 181, 145 A.3d 1156 (2016): Whether, in a case of first impression, the Superior Court erred in holding that a reasonable … Continue reading

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OH: Two on length of detentions: One had invalid consent for a patdown; one led to dog sniff within minutes of stop

The trial court’s findings that defendant’s consent to a patdown during what had become an unlawful detention was mere acquiescence to authority was supported by the evidence and is affirmed. State v. Oberholtz, 2016-Ohio-8506, 2016 Ohio App. LEXIS 5335 (9th … Continue reading

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CA8: As long as drug dog gets there before the traffic ticket is done, it’s all good

From the circuit that brought us Rodriguez, a drug dog on the scene within two minutes of a traffic stop and writing a ticket for no DL was reasonable. “Thus, there is no evidence that the dog sniff unlawfully prolonged … Continue reading

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CT: Dog sniff at door of condominium violates sanctity of home under state constitution and 4A

A drug dog sniff in the common areas of a condominium violated the state constitution. The Second Circuit held that as to the Fourth Amendment in 1985 in United States v. Thomas, 757 F.2d 1359 (2d Cir. 1985), and other … Continue reading

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