Use of a drug dog on a car is generally permissible in Mississippi. Jaramillo v. State, 950 So. 2d 1104 (Miss. App. 2007):
P7. Jaramillo’s next contention, that the dog-sniff search was performed without probable cause in violation of the Constitution, is thwarted by the United States Supreme Court decision of Illinois v. Caballes, 543 U.S. 405 (2005). Even without reasonable, articulable suspicion, the performance of a dog sniff of the outside of a vehicle by a trained canine during a routine, valid traffic stop is not a violation of one’s Fourth Amendment rights against unreasonable searches and seizures. Had the traffic stop been prolonged unreasonably for the purpose of a canine sniff, Jaramillo may have been able to challenge the constitutionality. But, Jaramillo does not contend that the Fourth Amendment violation against him occurred due to an extension of the time he was stopped. He contends, rather, that his rights were violated by the use of the drug detecting dogs in the search.
P8. The Supreme Court of the United States has spoken to the issue of the use of drug dogs during the course of a traffic stop. Caballes, 543 U.S. 405. The Supreme Court held that “the use of a well-trained narcotics-detection dog–one that ‘does not expose noncontraband items that otherwise would remain hidden from public view’–during a lawful traffic stop, generally does not implicate legitimate privacy interests.” Id. at 409 (quoting United States v. Place, 462 U.S. 696, 707 (1983)). Notwithstanding the uncontested fact that Jaramillo consented to the search of his vehicle during the traffic stop, we find that the use of narcotics-detection dogs during a stop based on probable cause did not violate the Fourth Amendment to the United States Constitution. We, therefore, uphold the decision of the trial court in denying Jaramillo’s motion to suppress.
Officers raided defendant’s next door neighbor’s property after a drug sale, but the marked money disappeared. The officers came to defendant’s property looking for it, plus they had information that defendant was involved in meth. His conversation with the officers was consensual at the time. That led to a consent search. Melton v. State, 950 So. 2d 1067 (Miss. App. 2007):
P16. The nature of his encounter with the deputy seems more properly characterized as a voluntary conversation. The investigation that was taking place was not directed at Melton personally but involved Melton because of the close proximity of his yard and the possibility that the drug money may be located on his property. Melton obviously knew he had the right to terminate the search, and exercised that authority in demanding the search end and not continue without a search warrant. Under these circumstances there was no illegal detention.
Private search conducted to aid police but with a motive to protect defendants’ children from drugs was not a search instigated by the police; therefore, it was not subject to the Fourth Amendment. State v. Malkuch, 2007 MT 60, 336
Mont. 219, 154 P.3d 558 (2007).*
Defendant had no expectation of privacy in a vehicle abandoned in the woods. Maldonado v. State, 284
Ga. App. 26, 643 S.E.2d 316 (2007).*
Valid traffic stop led to reasonable suspicion with “red flag indicators” of the potential for illegal activity. Giles v. State, 284 Ga. App. 1, 642 S.E.2d 921 (2007).*
Under defendant’s parole agreement, reasonable suspicion was not required for defendant to submit to a UA. State v. Pursley, 2007 SD 22, 729
N.W.2d 351 (2007):
[*P14] We conclude that a fair reading of the Agreement reveals that paragraph 5 is a general provision requiring reasonable suspicion for all parolee searches and seizures. The “Special Limitations” provisions of paragraph 13e list UAs and PBTs as specific exceptions to the reasonable suspicion requirement. Paragraph 13e unambiguously required Pursley to submit to UAs and PBTs as the checkbox provision covering those tests is marked and follows the clear, introductory language that states, “I will participate, cooperate and complete any programs as directed[.]” Moreover the checkbox provision expressly prefaces the tests as being random UAs and PBTs.
[*P15] Random is defined as “[l]acking aim or method, purposeless, not uniform, applies to that which occurs or is done without careful choice, aim, or plan.” Webster’s New World College Dictionary 1187 (4th ed 2001). This is clearly in contrast to reasonable suspicion that Black’s Law Dictionary defines as “[a] particularized and objective basis, supported by specific and articulable facts, for suspecting a person of criminal activity.” Id. at 1273 (7th ed 1999). Under the provisions of the Agreement, requiring the parole agent to show reasonable suspicion before being able to request a random UA would create an inconsistent result.
