Category Archives: Dog sniff

IN: Dog alert on car that leads to search that came up empty didn’t permit strip search of the occupants

A drug dog alerted on defendant’s car, so the police searched it, coming up empty. That alone did not justify taking the occupants in to the police station for a strip search. Thomas v. State, 2016 Ind. App. LEXIS 457 … Continue reading

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CA5: 45 minute empty-handed search after dog alert didn’t dissipate the probable cause

Defendant was stopped for a traffic offense, but the officers had been briefed on defendant by the DEA. (The pre-Jones GPS monitoring of defendant’s car for 73 days is valid under Davis.) He wouldn’t make eye contact, his hands were … Continue reading

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MS: Delay for dog sniff doesn’t seem to matter in Mississippi if the dog is already there

The court holds essentially that it didn’t matter whether there was reasonable suspicion or not for a dog sniff after a traffic stop. Also, there’s no ineffective assistance claim to a forfeiture. In re One Hundred Thirtyseven Thousand Three Hundred … Continue reading

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IA: Dog alert on car and search of car that produces nothing permits search of the person who was sitting where the dog alerted

After seeing a woman with a backpack run to a car with the engine running in an empty parking lot of a closed business, the officer decided to inquire. They had inconsistent stories about where they’d been and what they … Continue reading

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ID: Officer writing ticket providing backup to drug dog abandoned traffic ticket making it a criminal investigation; suppressed

The officer’s delaying of the traffic stop for 2½ minutes while performing a back-up function for a drug dog sweep violated defendant’s rights under the Fourth Amendment, because the seizure, initially valid based on a cracked windshield, became unreasonable after … Continue reading

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MD: Dog sniff two months earlier didn’t justify search incident on arrest

Defendant’s car was subjected to a drug dog sniff in March 2014 finding drugs, but he wasn’t arrested. Arrest warrants were issued later, and two months later he was arrested. A search incident for drugs wasn’t valid two months later, … Continue reading

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IA: Trained drug dog’s instinctive jump into the window of def’s car didn’t make the dog sniff unreasonable

A trained drug dog’s instinctive jump through an open window and into defendant’s vehicle did not violate his right to be free from unreasonable searches. [If the dog is so well-trained, what’s it doing jumping through the window anyway? The … Continue reading

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KY: Dog sniff during routine traffic stop was unreasonable without RS

A dog sniff during a routine traffic stop was unreasonable because it extended the stop. Under state case law, the dog sniff had to have some relation to the purpose of the stop or reasonable suspicion developed, and here there … Continue reading

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OR: State carries burden of proving the reliability of the drug dog in the first instance (under state const.)

“Here, we easily conclude that the state did not create a sufficient record to support the use of Quincy’s alert as a basis for probable cause to search the car. At the suppression hearing, the state elicited testimony from Raiser … Continue reading

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OH9: With smell of MJ, car doesn’t have to be searched before the dog does its work

The smell of marijuana coming from the car was sufficient to call for a drug dog to sniff the car. The officer wasn’t required to search the passenger compartment before the dog sniff. State v. Ross, 2016-Ohio-7082, 2016 Ohio App. … Continue reading

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