{"id":6673,"date":"2012-02-13T07:35:18","date_gmt":"2012-02-14T00:13:19","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-02-13T07:35:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6673","title":{"rendered":"CA6: Dog alert on front of car doesn’t limit the PC for the extent of the vehicle search"},"content":{"rendered":"

Dog alert on the front of the car justified a search of the trunk. Defendant\u2019s Franks<\/a> challenge failed for no offer of proof and lack of materiality. United States v. Kelley<\/a>, 2012 U.S. App. LEXIS 2634, 2012 FED App. 0155N (6th Cir. February 7, 2012) (unpublished) *:<\/p>\n

This showing must be “accompanied by an offer of proof …. Affidavits or sworn or otherwise reliable statements of witnesses should be furnished, or their absence satisfactorily explained ….” Id. at 171. Kelley alleged that the affiant’s statement that “Kelley, Akins, Lewis and their associates have extensive experience trafficking drugs and have numerous arrests for drug violations” was false as to him. However, this claim was not supported by an offer of proof. Further, the statement, even if it was false, was not necessary to the issuing magistrate’s finding of probable cause. Therefore, Kelley’s motion for a Franks hearing was properly denied.<\/p>\n

. . .<\/p>\n

Kelley next argues that the police search of his car was illegal, arguing that the dog alerted only at the front of the car and that therefore there was no basis for searching his trunk. However, it is well settled that an alert from a trained dog provides probable cause for a search for drugs. United States v. Hill<\/a>, 195 F.3d 258, 273 (6th Cir. 1999). Further, the search based on such probable cause may be of the entire car, including the trunk. United States v. Burnett<\/a>, 791 F.2d 64, 67 (6th Cir. 1986) (“[I]f probable cause justifies the search of the lawfully stopped vehicle, it justifies the search of every part of the vehicle and the contents that may conceal the object of the search.”) (citing United States v. Ross<\/a>, 456 U.S. 798, 825 (1982)). The magistrate judge’s finding that Officer Thompson’s dog was certified to detect drugs was not disputed, and Sixth Circuit case law clearly demonstrates that the search of an entire car for drugs after a drug-dog’s alert is reasonable. Therefore, the search of Kelley’s car was justified.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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