CA4: Use of a drug dog for a walk-through of a house of one on supervised release violates Fourth Amendment

The use of a drug dog for a walk-through of a house of one on supervised release is suppressed, and it was contrary to precedent, so no good faith exception. United States v. Hill, 2015 U.S. App. LEXIS 499 (4th Cir. January 13, 2015):

The defendants contend that the walk-through and dog sniff violated the Fourth Amendment. Our precedent required the officers in this situation to have a search warrant rather than merely reasonable suspicion to search Barker’s home. Accordingly, we hold that the walk-through and dog sniff were unlawful searches. We also reject the government’s contention that the good-faith exception applies with respect to the evidence seized as a result of the dog sniff. Finally, we vacate the judgments and remand for the district court to properly consider whether, pursuant to the “independent source” doctrine, the officers in this case “‘would have sought a warrant’ even if they had not conducted the unlawful search[es].” United States v. Bullard, 645 F.3d 237, 244 (4th Cir. 2011) (quoting Murray v. United States, 487 U.S. 533, 543, 108 S. Ct. 2529, 101 L. Ed. 2d 472 (1988)).