Category Archives: Dog sniff

D.Utah: Officer asked dispatch not to report records check so he could do dog sniff; they sent it 7-8 seconds after dog alerted, and this didn’t “measurably extend” stop

Dog alert in 7-8 seconds after dispatch called with the results of the record check did not “measurably” extend the stop, although the officer asked dispatch to hold off so he could do the dog sniff. “Though Trooper Wood asked … Continue reading

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WV: Drug dog arrived and worked before ticket was finished; neither occupant had DLs, so the dog didn’t lengthen the stop

“As in Brock, the record on appeal in the instant case shows that the mission of the traffic stop was not completed at the time the dog sniff occurred. Officer Boggess testified that he was only approximately ‘three-quarters of the … Continue reading

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OH3: Drug dog on scene in 1 min didn’t prolong the stop

Defendant was stopped for window tint, and the drug dog arrived within one minute. The dog sniff did not delay the stop because no response had yet been received from dispatch. State v. Wade, 2017-Ohio-1319, 2017 Ohio App. LEXIS 1340 … Continue reading

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D.Me.: CC fraud case led to PC def’s computer had “victim information” on it

Defendant was arrested for credit card fraud, and he had a computer in his vehicle. There was probable cause as to his computer and reasonable to issue a search warrant for “victim information.” United States v. Febles, 2017 U.S. Dist. … Continue reading

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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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