Reasonable suspicion is not required to pick up a package on the shipper’s conveyor belt just to look at it, but it is required to detain it. Here, the detention for a dog sniff required RS under the state constitution, but it was present. The court declines to follow federal precedent. State v. Eichers, 840 N.W.2d 210 (Minn. App. 2013):
We also agree that, under Minn. Const. art. I, § 10, the narcotics dog sniff was a search that required reasonable, articulable suspicion that the package contained contraband. See State v. Davis, 732 N.W.2d 173, 175-76 & n.5 (Minn. 2007) (holding that narcotics dog sniff of common hallway outside defendant's apartment was a search that required reasonable, articulable suspicion under Minn. Const. art. I, § 10); State v. Carter, 697 N.W.2d 199, 202 (Minn. 2005) (holding that narcotics dog sniff outside self-storage unit was a search within the meaning of Minn. Const. art. I, § 10, and required reasonable, articulable suspicion of criminal activity); State v. Wiegand, 645 N.W.2d 125, 127-28, 136 (Minn. 2002) (holding that narcotics dog sniff around exterior of motor vehicle stopped for routine equipment violation required reasonable, articulable suspicion of drug-related criminal activity under U.S. Const. amend. IV and Minn. Const. art. I, § 10); State v. Baumann, 759 N.W.2d 237, 239 (Minn. App. 2009) (citing Davis and Carter, noting that use of narcotics dog sniff in common hallway of apartment building to determine presence of narcotics in apartment unit was a search that required reasonable, articulable suspicion under Minn. Const. art. I, § 10), review denied (Minn. Mar. 31, 2009).
We conclude that the narcotics dog sniff was a search that required reasonable, articulable suspicion that the package contained contraband after considering the competing interests of the government to inspect for narcotics and an individual's expectation of privacy and freedom from governmental intrusion. See Davis, 732 N.W.2d at 181 ("[T]he government has a significant interest in using narcotics-detection dogs in combating drug crimes and ... the public's interest in effective criminal investigations [is] served through the use of this investigative tool." (quotation omitted)); see also Florida v. Jardines, 133 S. Ct. 1409, 1418, 185 L. Ed. 2d 495 (2013) (Kagan, J., concurring) ("[D]rug-detection dogs are highly trained tools of law enforcement, geared to respond in distinctive ways to specific scents so as to convey clear and reliable information to their human partners. They are to the poodle down the street as high-powered binoculars are to a piece of plain glass. Like the binoculars, a drug-detection dog is a specialized device for discovering objects not in plain view (or plain smell)." (citation omitted)); Carter, 697 N.W.2d at 211 n.8 ("We specifically limit our decision to sniffs of drug-detecting dogs. We express no opinion regarding bomb-detection dogs, as to which the special needs of law enforcement might well be significantly greater.").
IV. The officer had reasonable, articulable suspicion that the airmail package contained contraband when he seized it for the purpose of subjecting it to a narcotics dog sniff and searched it with the assistance of the narcotics dog.
Eichers argues that Officer Meyer lacked reasonable, articulable suspicion that the airmail package contained contraband when Officer Meyer seized it for the purpose of subjecting it to a narcotics dog sniff and searched it with the assistance of the narcotics dog. The district court agreed with Eichers, concluding that Officer Meyer "did not have a reasonable, particularized basis to support his impression that the parcel contained contraband"; that Officer Meyer's "brief detention [of the package] for closer non-invasive inspection ... [did] not deprive the carrier of custody or delay delivery [and did] not constitute a seizure and need not be justified by reasonable suspicion"; and that "reasonable suspicion was not necessary to justify the dog sniff." We disagree.
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"If it was easy, everybody would be doing it. It isn't, and they don't."
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud
"A system of law that not only makes certain conduct criminal, but also lays
down rules for the conduct of the authorities, often becomes complex in its
application to individual cases, and will from time to time produce imperfect
results, especially if one's attention is confined to the particular case at
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and enforcing a Bill of Rights. This country is built on the assumption that
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safer if the Constitution is strictly enforced."
—Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).
"The criminal goes free, if he must, but it is the law that sets him free. Nothing
can destroy a government more quickly than its failure to observe its own laws,
or worse, its disregard of the charter of its own existence."
—Mapp v. Ohio, 367 U.S. 643, 659 (1961).
Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment.
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
"There have been powerful hydraulic pressures throughout our history that
bear heavily on the Court to water down constitutional guarantees and give the
police the upper hand. That hydraulic pressure has probably never been greater
than it is today."
— Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
"The great end, for which men entered into society, was to secure their
—Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
"It is a fair summary of history to say that the safeguards of liberty have
frequently been forged in controversies involving not very nice people. And
so, while we are concerned here with a shabby defrauder, we must deal with his
case in the context of what are really the great themes expressed by the Fourth
—United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
"The course of true law pertaining to searches and seizures, as enunciated
here, has not–to put it mildly–run smooth."
—Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
"A search is a search, even if it happens to disclose nothing but the
bottom of a turntable."
—Arizona v. Hicks, 480 U.S. 321, 325 (1987)
"For the Fourth Amendment protects people, not places. What a person knowingly
exposes to the public, even in his own home or office, is not a subject of Fourth
Amendment protection. ... But what he seeks to preserve as private, even in
an area accessible to the public, may be constitutionally protected."
—Katz v. United States, 389 U.S. 347, 351 (1967)
“Experience should teach us to be most on guard to
protect liberty when the Government’s purposes are beneficent. Men born
to freedom are naturally alert to repel invasion of their liberty by evil-minded
rulers. The greatest dangers to liberty lurk in insidious encroachment by men
of zeal, well-meaning but without understanding.”
—United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
“Liberty—the freedom from unwarranted
intrusion by government—is as easily lost through insistent nibbles by
government officials who seek to do their jobs too well as by those whose purpose
it is to oppress; the piranha can be as deadly as the shark.”
—United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
"You can't always get what you want /
But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards
"In Germany, they first came for the communists,
and I didn't speak up because I wasn't a communist. Then they came for the Jews,
and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist. Then they came for
the Catholics and I didn't speak up because I wasn't a Catholic. Then they came
for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp]
“You know, most men would get discouraged by
now. Fortunately for you, I am not most men!”
—Pepé Le Pew
"There is never enough time, unless you are serving it."
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
—Johnson v. United States, 333 U.S. 10, 13-14 (1948)