{"id":54565,"date":"2023-03-23T08:31:55","date_gmt":"2023-03-23T13:31:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=54565"},"modified":"2023-03-26T08:25:23","modified_gmt":"2023-03-26T13:25:23","slug":"id-drug-dog-putting-feet-on-car-door-and-window-during-stiff-was-a-trespass-on-the-chattel-and-the-search-should-have-been-suppressed","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=54565","title":{"rendered":"ID: Drug dog putting feet on car door and window during stiff was a trespass on the chattel and the search should have been suppressed"},"content":{"rendered":"\n<p>A warrantless Fourth Amendment &#8220;search&#8221; occurred when the police drug-sniffing dog trespassed against defendant\u2019s vehicle for the purpose of obtaining information about, or related to, the vehicle. When the dog approached the driver&#8217;s side on his second pass, he clearly trespassed against defendant\u2019s vehicle because the video showed that, when the dog reached the front driver side door, he jumped up onto the door, and planted his two front paws on the door (and then the window) as he sniffed the upper seams of the vehicle. Although it was accomplished by the dog, it was the law enforcement officers who violated defendant\u2019s dignitary interest in maintaining the inviolability of his chattel. <a href=\"https:\/\/isc.idaho.gov\/opinions\/48119.pdf\">State v. Dorff<\/a>, 2023 Ida. LEXIS 30 (Mar. 20, 2023).  (This is a significant case.) Update: Volokh Conspiracy, Reason: <a href=\"https:\/\/reason.com\/volokh\/2023\/03\/23\/idaho-supreme-court-rules-fourth-amendment-violated-when-drug-sniffing-dog-intermeddled-with-defendants-car\/\">Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog &#8220;Intermeddled&#8221; With Defendant&#8217;s Car<\/a> by Ilya Somin (\u201cNero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a \u2018search\u2019 under the Fourth Amendment.\u201d)<\/p>\n\n\n\n<p>Plaintiff former inmate plausibly alleged a Fourth Amendment violation for an unreasonable strip search going into a jail, enough to survive qualified immunity. Drummond v. Proctor, 2023 U.S. Dist. LEXIS 46484 (S.D. Ga. Mar. 20, 2023).*<\/p>\n\n\n\n<p>Defendant matched the description of a runaway driver from a car wreck, 2-3 blocks away, so his stop was reasonable. People v. Flores, 2023 NY Slip Op 30752(U), 2023 N.Y. Misc. LEXIS 1105 (Westchester Co. Mar. 14, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A warrantless Fourth Amendment &#8220;search&#8221; occurred when the police drug-sniffing dog trespassed against defendant\u2019s vehicle for the purpose of obtaining information about, or related to, the vehicle. When the dog approached the driver&#8217;s side on his second pass, he clearly &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=54565\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,113,35,41,70],"tags":[],"class_list":["post-54565","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-prison-and-jail-searches","category-reasonable-suspicion","category-strip-search","category-trespass"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54565","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=54565"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54565\/revisions"}],"predecessor-version":[{"id":54605,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/54565\/revisions\/54605"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=54565"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=54565"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=54565"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}