Category Archives: Dog sniff

OR: Dog sniff during traffic stop lacked any RS

“Here, officers deployed a drug-detection dog during a traffic stop for failing to signal continuously for at least 100 feet before turning-without articulating any independent constitutional justification. Moreover, the state has not identified any theory or pointed us to any … Continue reading

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AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable

The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. … Continue reading

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CT: State const. protects against dog sniffs outside motel room doors

There is a privacy interest against a drug dog being employed in a motel hallway looking for drugs in rooms under the Connecticut Constitution. The court had previously found one in apartment buildings. The citizenry wouldn’t accept free wheeling dog … Continue reading

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N.D.Tex.: First dog alert was before the dog jumped in the window, so the original alert was independent of that

“Because a positive alert by a drug dog creates probable cause to search a vehicle—and this alert occurred before the dog’s nose entered Castaneda’s window—the Court finds that regardless of whether the dog’s breach of the window amounted to an … Continue reading

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UT: Drug dog’s instinctive leap through a left open car window was reasonable

A drug dog’s instinctive leap through a left open car window was reasonable and didn’t violate the Fourth Amendment. State v. Ruiz, 2021 UT App 94 (Sept. 2, 2021):

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CA4: Dog sniff before traffic ticket finished was reasonable

Dog sniff occurred here during the initial ordinary incidents of the traffic stop and writing a ticket so it didn’t extend the stop. United States v. Junkins, 2021 U.S. App. LEXIS 24174 (4th Cir. Aug. 13, 2021). Defendant’s vehicle was … Continue reading

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CA8: Taking box off FedEx conveyor belt for dog sniff didn’t deprive FedEx of custody

Moving a suspicious looking box from the FedEx conveyor belt to a back room for a dog sniff did not require reasonable suspicion nor did it deprive FedEx of custody of the box. The dog alert provided justification for a … Continue reading

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OH1: Years old info of drug dealing coupled with current trash pull showing drug use was clearly stale; no GFE

Years old information of drug dealing in another county coupled with a trash pull of recent drug use (not trafficking) was stale, and the search warrant was clearly lacking probable cause. Therefore, the good faith exception does not apply. State … Continue reading

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ND: Backpack removed from car before dog sniff couldn’t be searched based on dog’s alert on car

Probable cause was lacking to search a backpack removed from a vehicle shortly after the stop but before the dog alerted on the car. Search incident also did not apply: “In the absence of either a concern for officer safety, … Continue reading

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IA: Def’s registration papers weren’t in order; while waiting on a response from dispatch, criminal history led to calling drug dog. This didn’t extend the stop

The officer intended only to give a warning, but it took a while for defendant’s registration to clear a computer check. While waiting, the officer checked defendant’s criminal history finding a significant meth history and then called for a drug … Continue reading

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CA7: Other officers bringing drug dog didn’t extend the stop

“The district court here found that Cowick detained Gholston only long enough to complete these same procedures, and that the dog alerted before Cowick had finished printing the second ticket. This is not a case in which an officer completes … Continue reading

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NBC (KARK): Madison County K-9 collapses during drug search; 3 arrested

NBC (KARK): Madison County K-9 collapses during drug search; 3 arrested by Heath Higgs (“Three people were arrested on multiple charges in Madison County on Sunday after a traffic stop that resulted in the apparent drug overdose of a police … Continue reading

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NY3: Dog sniff of person requires RS

On a matter of first impression, NY’s Third Department concludes that reasonable suspicion is required for a dog sniff of the person, and here there was reasonable suspicion. People v. Butler, 2021 NY Slip Op 03222, 2021 N.Y. App. Div. … Continue reading

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D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable

Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 … Continue reading

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KS: 24 minute wait for drug dog with RS wasn’t unreasonable

A wait of 24 minutes for the drug dog to arrive after reasonable suspicion developed was reasonable and not excessive. State v. Arrizabalaga, 2021 Kan. LEXIS 50 (Apr. 30, 2021). The Border Patrol request to local police to stop defendant … Continue reading

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OH5: Dog was called two minutes into stop of RV and it didn’t prolong the stop

Defendant’s RV was stopped for crossing the center line, and a drug dog was called within two minutes, arriving shortly thereafter. Waiting for and using the dog did not delay the stop, and the Fourth Amendment was not violated. State … Continue reading

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OH10: Citizen informant’s complaint of def flashing gun from car justifies frisk of person and car

A citizen informant’s complaint defendant flashed a gun was justification for both a patdown and a protective weapons search of his car. State v. Shalash, 2021-Ohio-1034, 2021 Ohio App. LEXIS 1043 (10th Dist. Mar. 30, 2021). Calling for a drug … Continue reading

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KY: State failed to call witnesses to show RS for extending stop for drug dog

The state failed to prove its reasonable suspicion for extending the stop. The officer alone detaining at the scene for the drug dog didn’t have the evidence. Giles v. Commonwealth, 2021 Ky. App. LEXIS 45 (Mar. 26, 2021):

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W.D.La.: Motion to suppress SW has to plead and proffer that GFE doesn’t apply

Defendant had a duty to address the good faith exception in his motion and amended motion to suppress a search under a warrant, but he did not. United States v. Lyons, 2021 U.S. Dist. LEXIS 48780 (W.D. La. Feb. 17, … Continue reading

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CA10: A drug dog “alert, as opposed to a final indication, is sufficient to establish probable cause.”

The district court credited the dog handler that the dog alerted. “To the extent that Goldberg brings a legal challenge, this court has held that an alert, as opposed to a final indication, is sufficient to establish probable cause.” United … Continue reading

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