Category Archives: Dog sniff

FL4: Dog sniff of passenger in car stopped with RS was reasonable

“We address an issue of first impression: the propriety of using a drug dog to sniff the passenger of a vehicle during a traffic stop based on a reasonable and articulable suspicion the passenger possesses drugs, where the sniff itself … Continue reading

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OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC

A drug dog’s alert to the residual odor of drugs isn’t a lack of probable cause. “Accordingly, the fact that Mox [the drug dog] could have alerted to a residual odor of drugs does not mean that there was not … Continue reading

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W.D.Ky.: When there is PC and the automobile exception applies, the 4A doesn’t require a drug dog be used

The officer had probable cause on the totality for a vehicle search under the automobile exception. It wasn’t required that the drug dog that was there be used, too. United States v. Moralez, 2020 U.S. Dist. LEXIS 206109 (W.D. Ky. … Continue reading

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KY: Traffic stop was unreasonably delayed for drug dog

The officers delayed the stop to get the drug dog to the scene. The court of appeals erred, however, in not determining reasonable suspicion. Commonwealth v. Mitchell, 2020 Ky. LEXIS 394 (Oct. 29, 2020):

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TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

HIPAA doesn’t create a reasonable expectation of privacy in one’s blood sample obtained for medical treatment. HIPAA recognizes criminal process to obtain it. Consuelo v. State, 2020 Tex. App. LEXIS 8460 (Tex. App. – Dallas Oct. 27, 2020). Any lack … Continue reading

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D.S.D.: Failure to bring affidavit for SW to scene of search doesn’t obviate GFE

The affidavit for this search warrant was based on probable cause. “Law enforcement’s failure to bring the affidavit in support of the search warrant to the scene of the search is not fatal to the good-faith exception’s application. … The … Continue reading

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NY1: Failure to get a ruling on search issue in trial court is waiver

Failure to get a ruling on a search claim in the trial court is waiver of the issue for appeal. People v. Collins, 2020 NY Slip Op 04517, 2020 N.Y. App. Div. LEXIS 4610 (1st Dept. Aug. 13, 2020). Drug … Continue reading

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CO: Traffic stop was objectively reasonable even though officer cited wrong statute

Defendant’s stop was objectively reasonable, even though the officer cited the wrong statute. People v. Ambrose, 2020 COA 112, 2020 Colo. App. LEXIS 1384 (July 23, 2020). “[W]e need not address Salas’s argument that a slight delay to conduct a … Continue reading

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D.Haw.: 4A IAC requires showing standing, too

Defendant’s ineffective assistance of counsel claim for a search issue has to show that he had standing to even make the Fourth Amendment challenge, which he doesn’t. It’s an integral part of the merits claim. United States v. Scher, 2020 … Continue reading

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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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