{"id":56768,"date":"2024-01-07T11:32:05","date_gmt":"2024-01-07T16:32:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56768"},"modified":"2024-01-07T11:32:05","modified_gmt":"2024-01-07T16:32:05","slug":"ca2-dog-sniff-of-defs-car-in-driveway-was-done-in-gf-reliance-on-law-at-time","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=56768","title":{"rendered":"CA2: Dog sniff of def&#8217;s car in driveway was done in GF reliance on law at time"},"content":{"rendered":"\n<p>Acting on a tip, officers did a dog sniff of defendant\u2019s covered car parked in his driveway, and they used that to get a warrant for it. Collins didn\u2019t come along until the following year. The officers laid it all out, and the issuing judge signed off on the warrant. It was all done in good faith. <a href=\"http:\/\/httphalite3.ca2.uscourts.gov\/decisions\/isysquery\/300ffd8f-ed92-4ba1-a0de-df24113bdde1\/3\/doc\/22-471_so.pdf#xml=https:\/\/ww3.ca2.uscourts.gov\/decisions\/isysquery\/300ffd8f-ed92-4ba1-a0de-df24113bdde1\/3\/hilite\/\">United States v. Hernandez<\/a>, 2024 U.S. App. LEXIS 189 (2d Cir. Jan. 4, 2024).<\/p>\n\n\n\n<p>The 911 dispatcher could see defendant \u201cmessing with a jail window,\u201d so he called for deputies. Defendant saw them and ran. That was reasonable suspicion. State v. Wilburn, 2023-Ohio-4865 (4th Dist. Dec. 21, 2023).*<\/p>\n\n\n\n<p>The warrant was not based on stale information, and it was issued with apparent probable cause and executed in good faith. United States v. Fitzpatrick, 2024 U.S. Dist. LEXIS 1362 (N.D.W.Va. Jan. 3, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Acting on a tip, officers did a dog sniff of defendant\u2019s covered car parked in his driveway, and they used that to get a warrant for it. Collins didn\u2019t come along until the following year. The officers laid it all &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=56768\">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":[27,11,35,8],"tags":[],"class_list":["post-56768","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-good-faith-exception","category-reasonable-suspicion","category-staleness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56768","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=56768"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56768\/revisions"}],"predecessor-version":[{"id":56769,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56768\/revisions\/56769"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56768"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56768"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56768"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}