Category Archives: Dog sniff

CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

Defendant had no standing to complain that a DEA administrative subpoena was used to identify the storage unit that was his so the DEA could use a drug dog on his storage unit. Defendant’s plain error argument that a tracking … Continue reading

Posted in Administrative search, Dog sniff, Probable cause, Standing | Comments Off on CA8: No standing to challenge a DEA administrative subpoena just used to identify his storage unit for a dog sniff

OH8: Trash pull helped corroborate informant hearsay

The police received informant hearsay, and sought to corroborate it, and a trash pull did it. State v. Rieves, 2018-Ohio-955, 2018 Ohio App. LEXIS 1021 (8th Dist. Mar. 15, 2018). The town’s housing inspection scheme is reasonable under the Fourth … Continue reading

Posted in Administrative search, Dog sniff, Informant hearsay | Comments Off on OH8: Trash pull helped corroborate informant hearsay

NE: Because of direct evidence def was involved in crime, computer search history was harmless error, if error at all

Defendant challenged the search for lack of probable cause of the search history of his computer that produced evidence he searched for violent pornographic videos that matched how the victim was killed. There was direct evidence he was involved in … Continue reading

Posted in Dog sniff, Standards of review | Comments Off on NE: Because of direct evidence def was involved in crime, computer search history was harmless error, if error at all

N.D.Iowa: On totality, dog alert was reliable; not much difference between an “alert” and an “indication”

On the totality of the evidence, recognizing that dog sniffs can be unreliable (see quote), the court finds this one reliable. Also, there isn’t much difference here between a dog “alert” and an “indication.” United States v. Herbst, 2017 U.S. … Continue reading

Posted in Dog sniff | Comments Off on N.D.Iowa: On totality, dog alert was reliable; not much difference between an “alert” and an “indication”

N.D.Iowa: There is no constitutional difference between a drug dog’s “alert” and “indication”

There is no constitutional difference between a drug dog’s “alert” and “indication.” The dog’s actions and what it means to the handler are just a factor in probable cause to search. United States v. Herbst, 2018 U.S. Dist. LEXIS 6516 … Continue reading

Posted in Dog sniff, Ineffective assistance, Nexus | Comments Off on N.D.Iowa: There is no constitutional difference between a drug dog’s “alert” and “indication”

D.Idaho: Dog sniff by stopping officer prolonged the stop; effort to show RS fails

The totality of circumstances that the government presents fails to show reasonable suspicion. Defendant was subjected to a dog sniff by the stopping officer without it, and the motion to suppress is granted because it prolonged the stop. United States … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off on D.Idaho: Dog sniff by stopping officer prolonged the stop; effort to show RS fails

M.D.Fla.: There was RS for a dog sniff of a package in the mail, and the alert was PC for a SW; def’s motion to suppress suggested no standing

There was reasonable suspicion to detain a package in the mail for a dog sniff because of the way it was packaged and labeled suggested that it contained drugs. After the dog alert, there was a necessary delay in obtaining … Continue reading

Posted in Dog sniff, Mail and packages, Standing | Comments Off on M.D.Fla.: There was RS for a dog sniff of a package in the mail, and the alert was PC for a SW; def’s motion to suppress suggested no standing

Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says

Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says by Aubrey Wieber:

Posted in Dog sniff, Reasonable suspicion | Comments Off on Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says

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

Posted in Dog sniff, Reasonable expectation of privacy | Comments Off on OH8: Drug dog on scene while ticket being written caused no additional detention

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

Posted in Dog sniff | Comments Off on AP: “Man sits in jail when drywall powder is mistaken for cocaine” because a drug dog said it was cocaine

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

Posted in Dog sniff | Comments Off on IN: Dog sniff by second officer who arrived right after stop was valid; RS not needed

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

Posted in Dog sniff, Plain view, feel, smell | Comments Off on OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable