{"id":61697,"date":"2025-08-15T11:15:30","date_gmt":"2025-08-15T16:15:30","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61697"},"modified":"2025-08-15T11:15:30","modified_gmt":"2025-08-15T16:15:30","slug":"va-dog-repeatedly-jumping-onto-the-vehicle-during-the-dog-sniff-was-a-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61697","title":{"rendered":"VA: Dog repeatedly jumping onto the vehicle during the dog sniff was a search"},"content":{"rendered":"\n

The drug-sniffing dog’s repeatedly jumping onto and placing paws on a vehicle during a drug sniff constitutes a physical trespass for the purpose of obtaining information, and therefore qualifies as a search under the Fourth Amendment. Commonwealth v. Wiggins<\/a>, 2025 Va. App. LEXIS 464 (Aug. 12, 2025) (unpublished).<\/p>\n\n\n\n

Habeas petitioner\u2019s Fourth Amendment claim can\u2019t be reviewed in a 2255. Wood v. Warden, 2025 U.S. App. LEXIS 20417 (6th Cir. Aug. 11, 2025).*<\/p>\n\n\n\n

\u201cWe likewise agree with the District Court that the circumstances here support the officers’ reasonable suspicion that Brown was engaged in criminal activity. First, the remote lot where Brown was driven to was well known for criminal activity, with one officer testifying that it was \u2018an area involved in high crime\u2019 and \u2018a haven for illegal activity, especially, regarding drugs and stolen property.\u2019 \u2026 Second, the officers were already at the scene to investigate stolen property. Third, the officers had already arrested another individual who had an active warrant out for his arrest. Fourth, Brown, unprovoked, ran into a wooded area despite the cool temperatures and rainfall so heavy that the vehicle became stuck in the mud.\u201d United States v. Brown, 2025 U.S. App. LEXIS 20388 (3d Cir. Aug. 12, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The drug-sniffing dog’s repeatedly jumping onto and placing paws on a vehicle during a drug sniff constitutes a physical trespass for the purpose of obtaining information, and therefore qualifies as a search under the Fourth Amendment. Commonwealth v. Wiggins, 2025 … Continue reading →<\/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":[27,126,35,73,70],"tags":[],"class_list":["post-61697","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-issue-preclusion","category-reasonable-suspicion","category-search","category-trespass"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61697","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=61697"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61697\/revisions"}],"predecessor-version":[{"id":61698,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61697\/revisions\/61698"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61697"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61697"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61697"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}