Category Archives: Dog sniff

UT: IAC shown for not challenging dog alert

The initial dog alert here did not provide probable cause for search of defendant’s vehicle. Thus, defense counsel was ineffective for not pursuing a Fourth Amendment challenge. “In summary, based on the record before us, a motion to suppress the … Continue reading

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ID: Calling for drug dog before RS existed extended the stop

During the traffic stop, the diversion to call for a drug dog was without reasonable suspicion and it extended the stop. State v. Still, 166 Idaho 351, 458 P.3d 220 (App. 2019), is overruled. State v. Karst, 2022 Ida. LEXIS … Continue reading

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TX4: No REP in totaled car at the wrecker yard

Defendant totaled his car in an accident. The black box evidence was sought by warrant, but the court holds that defendant effectively abandoned the car to the wrecking yard. Vitela v. State, 2022 Tex. App. LEXIS 2759 (Tex. App. – … Continue reading

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CA7: There is no “one-frisk-only rule”

“‘[A] one-frisk-only rule would create a privacy-adverse Fourth Amendment incentive’ for officers to perform ‘the most intrusive frisk possible the first time around, knowing that no more would be allowed.’” Here, there was reasonable suspicion for both frisks. United States … Continue reading

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MA: Dog alert to buttocks PC for strip search

After witnessing suspicious movement, and observing white powder on the vehicle dashboard where defendant had been sitting, police had probable cause to arrest defendant on drug charges and consequently were justified in conducting a search of the defendant incident to … Continue reading

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MD: Def’s DNA from a prior dismissed case admissible here

Defendant’s DNA was obtained in a 2014 case that was dismissed. The DNA from that was used to connect him to this case. The prior DNA results are not excludable just because the case went away. Hayes v. State, 2022 … Continue reading

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W.D.Tex.: A dog sniff on federal property was reasonable; MMJ not an issue

“Defendant argues that given the evolving laws regarding marijuana (and other cannabinoid products or derivatives), dog sniffs are increasingly becoming unreliable and therefore violative of the Fourth Amendment because dog sniffs cannot discriminate between contraband and marijuana that is legally … Continue reading

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OH3: Where PC exists as to a car, use of a drug dog before the physical search not unreasonable

Once the officer smells marijuana, it violates no law to use a drug dog first rather than just proceeding to search the car. State v. Jones, 2022-Ohio-561, 2022 Ohio App. LEXIS 487 (3d Dist. Feb. 18, 2022). (The less intrusive … Continue reading

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N.D.Ill.: Stopping work on the traffic ticket when the drug dog arrived resulted in lengthening the detention without RS

“Officer Allen admits that he was not printing the police department’s copy of the first citation or processing the second citation during the drug sniff. Rather, he completely stopped his traffic-related mission as soon as Officer Wiebe arrived and worked … Continue reading

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KY: Seeking consent to search car by threatening to use drug dog unreasonably extended stop

Defendant was stopped for a traffic offense, but the officer readily abandoned it by seeking consent and “repeatedly threatened the use of a dog sniff” if he didn’t. Commonwealth v. Conner, 2021 Ky. LEXIS 419 (Dec. 16, 2021):

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N.D.Tex.: DEA makes traffic stops

The DEA had reasonable suspicion based on collective knowledge to believe a traffic offense occurred to stop defendant’s car. United States v. Camacho, 2021 U.S. Dist. LEXIS 229674 (N.D.Tex. Nov. 30, 2021). Defendant challenged the search warrant for his blood … Continue reading

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OH5: Def’s consent after being told drug dog was coming for her car wasn’t voluntary

The trial court held defendant’s consent was involuntary. She was asked for consent and told that a drug dog was coming so she might as well give it up. The conclusion is supported by the evidence and isn’t clearly erroneous. … Continue reading

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NY dissent: NY’s pre-Rodriguez cases are suspect

The appellate division’s affirmance of the conviction is summarily affirmed. People v. Blandford, 2021 NY Slip Op 05619, 2021 N.Y. LEXIS 2209 (Oct. 14, 2021) (dissenting opinion)*:

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N.D.Ind.: The Rodriguez question is: Did the use of the dog prolong the stop

“The answer to this question doesn’t hinge on ‘whether the dog sniff occurs before or after the officer issues a ticket’ but whether the dog sniff ‘prolongs’ the stop. [Rodriguez] at 357. The answer today is undoubtedly no. Deputy Samuelson, … Continue reading

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ID: Drug dog’s nose through a car window before alerting is a search and a Jones trespass

A drug dog’s nose through a car window before alerting is a search and a Jones trespass. De minimis, yet, but still a trespass. There was no probable cause for the automobile exception, and the state waived standing by not … Continue reading

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OR: Dog sniff during traffic stop lacked any RS

“Here, officers deployed a drug-detection dog during a traffic stop for failing to signal continuously for at least 100 feet before turning-without articulating any independent constitutional justification. Moreover, the state has not identified any theory or pointed us to any … Continue reading

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AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable

The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. … Continue reading

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CT: State const. protects against dog sniffs outside motel room doors

There is a privacy interest against a drug dog being employed in a motel hallway looking for drugs in rooms under the Connecticut Constitution. The court had previously found one in apartment buildings. The citizenry wouldn’t accept free wheeling dog … Continue reading

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N.D.Tex.: First dog alert was before the dog jumped in the window, so the original alert was independent of that

“Because a positive alert by a drug dog creates probable cause to search a vehicle—and this alert occurred before the dog’s nose entered Castaneda’s window—the Court finds that regardless of whether the dog’s breach of the window amounted to an … Continue reading

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UT: Drug dog’s instinctive leap through a left open car window was reasonable

A drug dog’s instinctive leap through a left open car window was reasonable and didn’t violate the Fourth Amendment. State v. Ruiz, 2021 UT App 94 (Sept. 2, 2021):

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