Category Archives: Dog sniff

N.D.Ga.: False positives by drug dog don’t necessarily undermine PC for SW; GFE can still apply

The fact a drug dog has alleged false positives (i.e., hits on things but no drugs found) does not mean that a dog alert that led to a search warrant still cannot be relied upon in good faith. United States … Continue reading

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WI: Use of a tracking dog in a burglary that led to def’s house was reasonable and in hot pursuit

Police received a 4 am burglary call, and an officer with a dog tracking smell and the officer tracking footprints in the dew on the ground led to defendant’s property. The officer knocked and defendant’s mother let the police in. … Continue reading

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OH5: It was reasonable to run the dog around a car in a traffic stop where it happened without extending the stop during waiting time

The trial court did not err in denying the motion to suppress where the officer ran the dog around the car within the time of the normal traffic stop. Therefore, the traffic stop was not illegally extended because the purpose … Continue reading

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CA11: Public safety exception permitted entry of hotel room on PC to neutralize a firearm

Defense counsel’s failure to object to the search of his hotel room wasn’t prejudicial because inevitable discovery applied. He was accused of brandishing a gun shortly before, and the gun hadn’t been found. Officers had probable cause to get a … Continue reading

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W.D.Tenn.: Affidavit for SW doesn’t need to support drug dog’s training, too

The affidavit for a search warrant based in part on a dog sniff doesn’t have to also justify the dog’s training to show probable cause. Failure to provide it isn’t a Franks violation. United States v. Tullous, 2019 U.S. Dist. … Continue reading

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OH6: Trial court didn’t commit plain error in not inquiring into drug dog’s training when defense didn’t

The trial court did not commit plain error in not inquiring into the drug dogs training when defendant didn’t raise it. State v. Jones, 2019-Ohio-3704, 2019 Ohio App. LEXIS 3777 (6th Dist. Sept. 16, 2019). The particulars of a drug … Continue reading

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N.D.Ohio: Almost immediate dog sniff during stop didn’t prolong it

The officer had an objective basis for the stop, so defendant’s pretext claim fails. The dog sniff occurred almost immediately during the stop and the stop wasn’t prolonged for it. United States v. Martinez, 2019 U.S. Dist. LEXIS 155124 (N.D. … Continue reading

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CA7: Dog alert on apparent residual odor isn’t a false positive under Harris

The fact a drug dog alerts on residual odor doesn’t mean there was a false positive. “Our review of the record and the order denying suppression satisfies us the judge conducted the proper Harris evaluation and committed no error in … Continue reading

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OH7: Dog alert on a car alone didn’t give PC to search passenger

Dog alert on a car alone didn’t give probable cause to search a passenger. State v. Chapman, 2019-Ohio-3339, 2019 Ohio App. LEXIS 3422 (7th Dist. Aug. 20, 2019):

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M.D.Pa.: Dog alert satisfied CA3 standards because it was to specific place

The search of defendant’s U-Haul truck was justified by a dog alert. “Assuming arguendo that Third Circuit precedent supported defendants’ more taxing standard for what constitutes a positive and reliable alert, Trooper Hoy still had probable cause to search the … Continue reading

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AL: Drug dog alert on cash without presence of drugs won’t support forfeiture

A drug dog alert on money without the presence of drugs cannot support a forfeiture. Martinez-Camacho v. State, 2019 Ala. Civ. App. LEXIS 102 (Aug. 2, 2019):

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UT: 40 minute delay for dog was reasonable where it was tied up in another part of same investigation

The 40 minute delay for the dog sniff, already based on reasonable suspicion, was reasonable. The dog was at a residence related to the same investigation then came to where the car was stopped. The court also mentions the weather … Continue reading

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