{"id":61800,"date":"2025-08-31T18:38:01","date_gmt":"2025-08-31T23:38:01","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61800"},"modified":"2025-08-31T18:38:25","modified_gmt":"2025-08-31T23:38:25","slug":"in-drug-dogs-instinctive-entry-into-car-is-reasonable-but-this-was-facilitated-by-the-officer","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61800","title":{"rendered":"IN: Drug dog&#8217;s instinctive entry into car is reasonable, but this was facilitated by the officer and wasn&#8217;t"},"content":{"rendered":"\n<p>Indiana adopts the drug dog rule that \u201ca K9&#8217;s instinctive entry into a vehicle does not implicate the Fourth Amendment so long as it is not directed, encouraged, or facilitated by officers.\u201d This one was, and without probable cause, and the search is suppressed. <a href=\"https:\/\/public.courts.in.gov\/Decisions\/api\/Document\/Opinion?Id=NiRfNeTFgEkFFvxIMCDTC8qX9Yf0pSg88zsUKG1OekEjDixt5kMWqZ9muYEPFkUP0\">Ocampo v. State<\/a>, 2025 Ind. App. LEXIS 286 (Aug. 29, 2025).<\/p>\n\n\n\n<p>\u201cThe parents do not dispute this evidence but argue that the district court erred by \u2018neglect[ing] to focus\u2019 on the \u2018actual events at the time of the removal.\u2019 They emphasize that when Detective Wilson removed the children, she did not see drugs or drug paraphernalia, the children were reasonably clean and well-nourished, and there was no \u2018immediate evidence\u2019 of drug exposure. But the ultimate question is whether her suspicion was reasonable at the time of removal\u2014not whether evidence supporting it appeared contemporaneously. See Stanley, 899 F.3d at 629 (\u2018[W]hether there was reasonable suspicion of child abuse warranting removal must be determined by analyzing the totality of the circumstances at the time of the removal.\u2019). The \u2018totality of the circumstances\u2019 includes evidence of child abuse Detective Wilson already \u2018knew [of] at the time.\u2019 See United States v. Slater, 979 F.3d 626, 629 (8th Cir. 2020) (citation omitted). We do not ask an officer to turn a blind eye to recent, credible evidence of endangerment because there was not more evidence at the moment of removal.\u201d Welter v. Wilson, 2025 U.S. App. LEXIS 22256 (8th Cir. Aug. 29, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Indiana adopts the drug dog rule that \u201ca K9&#8217;s instinctive entry into a vehicle does not implicate the Fourth Amendment so long as it is not directed, encouraged, or facilitated by officers.\u201d This one was, and without probable cause, and &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61800\">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":[27,63],"tags":[],"class_list":["post-61800","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-reasonableness"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61800","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=61800"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61800\/revisions"}],"predecessor-version":[{"id":61802,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61800\/revisions\/61802"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61800"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61800"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61800"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}