Ohio grants review in Friedman permitting random dog sniffs on the street

A previous post:

OH9: Campus police led drug dog down the street to sniff cars and validly searched car when dog alerted

Campus police leading a drug dog down the street saw the dog alert on a parked car. They tried to contact the owner, but couldn’t so they used a lockout device to enter the car and conduct a warrantless search. The entry was valid because the car was still “inherently mobile,” and the drug dog alert was valid. State v. Friedman, 2011 Ohio 2989, 194 Ohio App. 3d 677, 957 N.E.2d 815 (9th Dist. 2011):

Her whereabouts were unknown, despite the officers attempting to contact her at her residence, on her cell phone, and at the school’s activity center. Further, there was testimony that there were not enough officers on duty to post an officer with the vehicle. The fact that Friedman was not present when the officers developed probable cause does not detract from the inherent mobility of her vehicle or render inapposite the application of the automobile exception to the warrant requirement. See Carney, 471 U.S. at 390; Chambers, 399 U.S. at 48; Carroll, 267 U.S. at 153.

The Ohio Supreme Court granted discretionary review today.

h/t to a reader. This is a case to watch. Hopefully the grant of review is at least a sign four justices think the 9th Dist. decision is wrong.