Category Archives: Dog sniff

N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

Motion for return of cell phones is denied. They are in the possession of the Muskogee Creek Nation tribal police, not the federal government. United States v. Smith, 2024 U.S. Dist. LEXIS 87341 (N.D. Okla. May 15, 2024). Motion for … Continue reading

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CAAF: Service member has REP in a private barracks room because it was not shared with anyone else

A service member has a reasonable expectation of privacy in a private barracks room because it was not shared with anyone else. United States v. Rocha, 2024 CAAF LEXIS 250 (C.A.A.F. May 8, 2024) (not a Fourth Amendment search case). … Continue reading

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D.Utah: Drug dog arriving within 7 minutes was reasonable and part of the initial stop

Defendant’s phone was pinged by Utah court order, but it left the state and was spot checked when out-of-state. “Further, the ping data that ultimately led to the traffic stop at issue was collected while phone 3145 was in Utah. … Continue reading

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E.D.Ky.: When court can’t tell the dog alerted, motion to suppress granted

The court reviewing the dashcam video repeatedly cannot tell that the dog alerts at all. Motion to suppress granted. United States v. Edmonds, 2024 U.S. Dist. LEXIS 74570 (E.D. Ky. Apr. 24, 2024). Update: techdirt: Court To Cops: If We … Continue reading

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N.D.Iowa: Drug dog sticking his nose in the open window of car was a search, and here without PC

The drug dog’s sticking his nose in the open window of defendant’s car was a search, and here without probable cause. United States v. Handley, 2024 U.S. Dist. LEXIS 64531 (N.D. Iowa Apr. 9, 2024). This search warrant is particular … Continue reading

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techdirt: Court To Cops: There’s No ‘Instinct Exception’ For Drug Dogs Handlers Refuse To Handle

techdirt: Court To Cops: There’s No ‘Instinct Exception’ For Drug Dogs Handlers Refuse To Handle by Tim Cushing (“Officers who handle drug dogs like to claim they’re so highly skilled at animal handling they can recognize otherwise imperceptible moves by … Continue reading

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AR: Computer crash losing drug dog’s performance record doesn’t doom search

The loss of the drug dog’s performance record from a computer crash didn’t make the dog’s alert on the highway unreasonable because those records are of marginal importance. The circuit court resolved credibility questions. No inference of spoliation will be … Continue reading

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N.D.Ala.: By the time the drug dog entered the car, there already was PC

The drug dog entered the car on the second attempt. But defendant left the door open, and the smell of marijuana was evident. The officer held the dog back in case there was something hazardous in the car. Still, not … Continue reading

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WI: Drug dog’s entering car was trespass, and “instinct exception,” even if it could be recognized, doesn’t apply

Drug dog’s twice entering defendant’s car without probable cause was a common law trespass under Jones and Jardines, and the police unlawfully gained information from that. The court rejects the “instinct exception” for the dog on the facts here, even … Continue reading

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CA7: Rodriguez time argument waived by failure to specifically plead it below

“At the outset, we note that Johnson did not challenge the length or validity of the dog sniff in the district court. The record therefore does not contain information crucial to the Rodriguez inquiry, such as whether Deputy Haber acted … Continue reading

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CA8: Affiant officer’s belief that criminals brag about crimes on social media allows cell phone search in a gun case

“We conclude the affidavit adequately established probable cause that Ivey’s cell phone would contain evidence of a firearms offense. Officers found the phone in Ivey’s possession while he was located in a vehicle with a gun under his seat. The … Continue reading

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WI: Drug dog “instinct exception” not applicable here, even if it is ever adopted

The court declines to adopt, at least for now, a drug dog’s “instinct exception” for the dog entering defendant’s car. Other courts have adopted that exception, but factually it doesn’t even apply here because the court finds the dog was … Continue reading

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CA2: Dog sniff of def’s car in driveway was done in GF reliance on law at time

Acting on a tip, officers did a dog sniff of defendant’s covered car parked in his driveway, and they used that to get a warrant for it. Collins didn’t come along until the following year. The officers laid it all … Continue reading

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IL: Dog’s alert before trespass on the car meant GFE applied

Where the dog indicated an alert almost immediately and before the dog trespassed on the car, the officer had probable cause, and the good faith exception would be applied. People v. Kendricks, 2023 IL App (4th) 230179, 2023 Ill. App. … Continue reading

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NY: Dog sniff of the person is a search

A dog sniff of the person is a search. There is a greater zone of privacy for the person than an inanimate object. People v. Butler, 2023 NY Slip Op 06468, 2023 N.Y. LEXIS 2023 (Dec. 19, 2023), aff’g and … Continue reading

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D.N.J.: Expert saying drug dog not reliable not a Franks issue

Defendant’s expert report that the drug dog here wasn’t reliable doesn’t make a Franks challenge. Besides, there was good faith as to it. United States v. Estevez-Castillo, 2023 U.S. Dist. LEXIS 221601 (D.N.J. Dec. 13, 2023). That officers created the … Continue reading

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N.D.Okla.: A Terry stop can occur for civil infractions

A Terry stop can occur for noncriminal offenses, such as traffic citations. Here it was for vaping in the wrong place. United States v. Perez, 2023 U.S. Dist. LEXIS 218640 (N.D. Okla. Dec. 8, 2023). Volunteering one is armed “when … Continue reading

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D.Utah: Questions about anything of “concern” or “illegal” inside vehicle were not about officer safety

The traffic stop was valid, but the extension of the stop was not, and defendant’s statements during the stop are suppressed. “Here, the officers extended the traffic stop to ask whether there was anything ‘of concern’ or ‘illegal’ inside of … Continue reading

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AR: Probation search waiver can be required in suspended sentences, too

The state probation search waiver statute doesn’t refer to suspended sentences, but the court has the power to impose it there, too, even without a supervision requirement. Johnson v. State, 2023 Ark. App. 509 (Nov. 8, 2023). The dog sniff … Continue reading

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WI: Failure to respond to City’s letter to inspect rat-infested property was implied consent

The city wrote by certified mail to the owner of rat-infested property apparently abandoned since he hadn’t come from home in California since before Covid. State law allows inspections if requested and permitted. The owner never responded. His Fourth Amendment … Continue reading

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