Category Archives: Dog sniff

OH8: Drug dog on scene while ticket being written caused no additional detention

Defendant’s stop was with reasonable suspicion based on corroborated informant hearsay. “Because the police were still in the process of writing the traffic ticket when the canine arrived and conducted the sniff, and thus the stop was not unlawfully extended.” … Continue reading

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AP: “Man sits in jail when drywall powder is mistaken for cocaine” because a drug dog said it was cocaine

AP: Man sits in jail when drywall powder is mistaken for cocaine: OVIEDO, Fla. (AP) — A Florida man spent 90 days in jail after police officers who stopped him for driving without headlights said white powder found in his … Continue reading

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IN: Dog sniff by second officer who arrived right after stop was valid; RS not needed

Defendant was stopped for driving 63 in the fast lane of a freeway with a 70 speed limit, and the officer was only going to warn the driver about the dangers of driving too slow in the fast lane. The … Continue reading

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OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

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S.D.Tex.: In not so few words: The bar for a competent drug dog under Florida v. Harris isn’t all that high; essentially: is the dog certified?

Defendant was stopped for driving without headlights during a Hurricane Harvey curfew, and he gave a false name and had no driver’s license. While detained, defendant was showing signs of diabetic distress. He was seated on the curb and he … Continue reading

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OH8: Dog sniff within the normal occurrence of the traffic stop was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff occurred during the normal processing part of the stop. “Police may conduct a canine sniff during the time that it takes to … Continue reading

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IL: Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally”

Calling for a drug dog after defendant refused to consent to a search did not extend the stop even “incrementally” [ignoring the fact that the radio call took time away from writing the ticket]. People v. Heritsch, 2017 IL App … Continue reading

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N.D.Iowa: Officer’s slow walking issuance of ticket to allow drug dog time to arrive wasn’t objectively unreasonable

The officer’s subjective intent to delay the processing of defendant’s speeding ticket didn’t show that it was objectively slowed down to give time to get a drug dog to the scene to conduct a car sniff before the finishing of … Continue reading

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CA6: Turning off dashcam when drug dog arrived “concerning” but not fatal to the dog sniff

CSLI was obtained by a warrant with probable cause defendant was involved in drug dealing, and that’s nexus between the cell phone and the crime. When the car was stopped, there was at least reasonable suspicion and the stop was … Continue reading

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DE: Typo of month of controlled buy in affidavit for SW could be ignored; totality shows what it really is

The affidavit says that the controlled buy was in the “second half of February 2017” when the search warrant was issued February 1. It’s clear to the court from reading the affidavit as a whole that this is a typo … Continue reading

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NPR: Eliminating Police Bias When Handling Drug-Sniffing Dogs

NPR: Eliminating Police Bias When Handling Drug-Sniffing Dogs by Martin Kaste: Police dogs searching for drugs sometimes find them when they’re not there. Some people want to eliminate the influence of their handlers’ beliefs to make it more fair.

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N.D.Iowa: Calling for drug dog whose sniff didn’t extend stop at all was reasonable

Calling for a drug dog during processing the paperwork of a traffic stop that produced a dog sniff before the stop was over was reasonable. United States v. Harry, 2017 U.S. Dist. LEXIS 174689 (N.D. Iowa Oct. 23, 2017), adopted, … Continue reading

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