N.D.Iowa.: Pre-Jardines dog sniff permitted in circuit, so Davis GFE applies

Dog sniff outside a door was permitted by circuit case law, so Jardines doesn’t apply, Davis good faith does. United States v. Burston, 2014 U.S. Dist. LEXIS 121732 (N.D. Iowa September 2, 2014):

Judge Scoles found that “[b]ecause the area where Marco sniffed is curtilage and because there was no license, explicit or implicit, for Marco to occupy the area where he sniffed, the dog sniff constitutes an unlawful warrantless search under the Fourth Amendment.” Report and Recommendation at 10. Because the court finds that Officer Fear was objectively reasonable in relying on binding circuit precedent when conducting the dog sniff, the court “need not determine whether Jardines controls the facts of this case.” United States v. Givens, No. 13-2713, ___ F.3d ___, ___, 2014 U.S. App. LEXIS 15691, 2014 WL 3973085, at *5 (8th Cir. Aug. 15, 2014) (footnote added).