Category Archives: Dog sniff

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

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NJ rejects a RS requirement for all vehicle dog sniffs

New Jersey adopts the Fourth Amendment standard of Rodriguez, and reasonable suspicion is not required for a dog sniff of a car unless the stop is prolonged for the sniff beyond the mission of the stop. State v. Dunbar, 2017 … Continue reading

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MI: Video showed the stop was extended without RS

Defendant’s seizure after a traffic stop was without reasonable suspicion under Rodriguez. “We have reviewed the relevant testimony as well as the complete video/audio recording of the encounter from Daniels’s first observation of defendant’s car through the arrest. On the … Continue reading

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S.D.Ill.: Officer’s intentional delay in ticketing process made stop violate Rodriguez

Officer’s intentionally delaying the ticket writing process until the drug dog was on its way was intentional delay without reasonable suspicion under Rodriguez. United States v. Rodriguez-Escalera, 2017 U.S. Dist. LEXIS 95848 (S.D. Ill. June 21, 2017):

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IL: A dog sniff on the third floor apartment doors of an unlocked building violated Jardines

A dog sniff on the third floor apartment doors of an unlocked building violated Jardines. The sniff occurred two years after Jardines. People v. Bonilla, 2017 IL App (3d) 160457, 2017 Ill. App. LEXIS 380 (June 14, 2017):

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S.D.Ohio: Dog sniff during the initial part of stop by another officer was reasonable

Getting one of two occupants out of a car during a stop to separate them was reasonable in any traffic stop. That wasn’t a “detention,” and the dog sniff occurring during that part of the stop was reasonable. United States … Continue reading

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