Category Archives: Dog sniff

PA grants review of whether consent to search includes a dog sniff an hour later

Review granted: Commonwealth v. Valdivia, 2017 Pa. LEXIS 234 (Feb. 1, 2017), from Commonwealth v. Valdivia, 2016 PA Super 181, 145 A.3d 1156 (2016): Whether, in a case of first impression, the Superior Court erred in holding that a reasonable … Continue reading

Posted in Consent, Dog sniff | Comments Off

OH: Two on length of detentions: One had invalid consent for a patdown; one led to dog sniff within minutes of stop

The trial court’s findings that defendant’s consent to a patdown during what had become an unlawful detention was mere acquiescence to authority was supported by the evidence and is affirmed. State v. Oberholtz, 2016-Ohio-8506, 2016 Ohio App. LEXIS 5335 (9th … Continue reading

Posted in Consent, Dog sniff, Reasonable suspicion | Comments Off

CA8: As long as drug dog gets there before the traffic ticket is done, it’s all good

From the circuit that brought us Rodriguez, a drug dog on the scene within two minutes of a traffic stop and writing a ticket for no DL was reasonable. “Thus, there is no evidence that the dog sniff unlawfully prolonged … Continue reading

Posted in Dog sniff | Comments Off

CT: Dog sniff at door of condominium violates sanctity of home under state constitution and 4A

A drug dog sniff in the common areas of a condominium violated the state constitution. The Second Circuit held that as to the Fourth Amendment in 1985 in United States v. Thomas, 757 F.2d 1359 (2d Cir. 1985), and other … Continue reading

Posted in Curtilage, Dog sniff | Comments Off

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

Posted in Dog sniff, Strip search | Comments Off

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

Posted in Dog sniff, Probable cause | Comments Off

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

Posted in Dog sniff, Reasonable suspicion | Comments Off

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

Posted in Dog sniff, Probable cause | Comments Off

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

Posted in Dog sniff, Informant hearsay | Comments Off

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

Posted in Dog sniff, Probable cause | Comments Off