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 unlawful search, officers had independent, legally obtained probable cause to search Castaneda’s car prior to that event.” United States v. Castaneda, 2021 U.S. Dist. LEXIS 169613 (N.D.Tex. Sept. 8, 2021).

“Defendants allude that Trooper Del Sordo’s reason for the traffic stop was pretextual, and that he pulled them over with the sole, specific intent to investigate other crimes, including drug trafficking. While perhaps true, it ultimately does not matter, at least according to the Supreme Court and Third Circuit.” United States v. Romero, 2021 U.S. Dist. LEXIS 170764 (W.D.Pa. Sept. 9, 2021).*

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