{"id":2812,"date":"2009-02-10T08:15:49","date_gmt":"2008-12-28T09:00:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-12-27T21:15:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2812","title":{"rendered":"CA2: Dog sniff in yard violated no REP"},"content":{"rendered":"

Dog sniff outside the home on the curtilage did not violate the Fourth Amendment. All it revealed was a bag outside the house. United States v. Hayes<\/a>, 551 F.3d 138 (2d Cir. December 24, 2008), aff’g United States v. Hayes, 2006 U.S. Dist. LEXIS 98101 (D. Vt. May 5, 2006) (posted on Lexis 1\/1\/09):<\/p>\n

We reject Hayes’s arguments and his reliance on Thomas and hold that the police canine’s act of sniffing for narcotics here did not violate Hayes’s “legitimate expectation that information about perfectly lawful activity will remain private.” Caballes<\/a>, 543 U.S. at 410. Thomas is clearly distinguishable from the facts of this case. The contents of the black bag that Kilo [the dog] smelled were not located inside Hayes’s dwelling or residence but in brush outside the house, approximately 65 feet from the back door of the residence and bordering an adjoining property. A critical consideration in Thomas, one not present here, was that the canine there smelled the presence of narcotics located inside the defendant’s home<\/em>.<\/p>\n

. . .<\/p>\n

The sanctuary of the home simply does not extend to the front yard of Hayes’s property, where the initial sniff occurred. See United States v. Titemore, 437 F.3d 251, 259 (2d Cir. 2006) (holding that a homeowner has no reasonable expectation of privacy in a patch of front lawn visible from the road and leading up to the front porch); see also United States v. Oliver<\/a>, 466 U.S. 170, 179 (1984) (“[O]pen fields do not provide the setting for those intimate activities that the [Fourth] Amendment is intended to shelter from government interference or surveillance …. Moreover, as a practical matter these lands usually are accessible to the public and the police in ways that a home, an office, or commercial structure would not be.”); accord Esmont v. City of New York, 371 F. Supp. 2d 202, 212 (E.D.N.Y. 2005) (“Unobstructed, open areas in front of a residence are not entitled to Fourth Amendment protection.”).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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