Category Archives: Dog sniff

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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CA10: Officer’s questions after completion of stop extended it by consent

The traffic stop evolved into reasonable suspicion of drug trafficking and then a drug dog could be used on the vehicle. After completing the stop, “As Mercado-Gracia walked back to his vehicle, however, Officer Wood invoked ‘the old highway patrol … Continue reading

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D.P.R.: Getting out of car and running away from it on seeing the police is abandonment

Defendant didn’t file a declaration under penalty of perjury contesting the facts alleged in his criminal complaint. He also fails to show even a subjective reasonable expectation of privacy in the place searched to give him standing. He abandoned his … Continue reading

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FL1: Screen shot of of meth on a scale on driver’s cell phone permitted dog sniff during writing of traffic ticket

Defendant was stopped for a traffic offense, and he was unusually nervous. Sitting on his left leg was a cell phone with the screen on showing a picture of meth on a scale. That justified a dog sniff while a … Continue reading

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OH5: Def’s inordinate delay in finding car insurance card enabled reasonable dog sniff

The stop was delayed by defendant being unable to produce his proof of insurance, so the officer did not extend the stop to run a dog around the car during the wait. State v. Newman, 2021-Ohio-119, 2021 Ohio App. LEXIS … Continue reading

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CA9: The fact CBP had RS doesn’t mean it’s required for a border dog sniff

“The fact that Customs and Border Patrol (CBP) officers had reasonable suspicion cannot serve to heighten the standard attached to the border search.” The use of a drug dog at the border doesn’t require reasonable suspicion. United States v. Meraz-Campos, … Continue reading

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D.Utah: Govt had burden on proving RS to continue stop and failed to put on justification; suppressed

The government carried the burden on the basis for the stop but not why it was continued, and the record tells the court nothing about the first 65 minutes of delay. “[T]he court concludes that the dog’s entry into the … Continue reading

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DE: Actual presence of accused not required for suppression hearing and video appearance constitutional

A virtual suppression hearing that was a mixed question of law and fact didn’t require the actual presence of the accused under the Sixth Amendment’s confrontation clause, following United States v. Rosenschein, 2020 U.S. Dist. LEXIS 129889 (D.N.M. July 23, … Continue reading

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W.D.Pa.: Opening car door and drug dog jumping in wasn’t encouraging the dog

During a dog sniff, the officer opened the car door, and the dog jumped in. The officer did not encourage the dog to enter [merely by opening the door], so this was not a search. The court notes that the … Continue reading

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FL4: Dog sniff of passenger in car stopped with RS was reasonable

“We address an issue of first impression: the propriety of using a drug dog to sniff the passenger of a vehicle during a traffic stop based on a reasonable and articulable suspicion the passenger possesses drugs, where the sniff itself … Continue reading

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OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC

A drug dog’s alert to the residual odor of drugs isn’t a lack of probable cause. “Accordingly, the fact that Mox [the drug dog] could have alerted to a residual odor of drugs does not mean that there was not … Continue reading

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W.D.Ky.: When there is PC and the automobile exception applies, the 4A doesn’t require a drug dog be used

The officer had probable cause on the totality for a vehicle search under the automobile exception. It wasn’t required that the drug dog that was there be used, too. United States v. Moralez, 2020 U.S. Dist. LEXIS 206109 (W.D. Ky. … Continue reading

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KY: Traffic stop was unreasonably delayed for drug dog

The officers delayed the stop to get the drug dog to the scene. The court of appeals erred, however, in not determining reasonable suspicion. Commonwealth v. Mitchell, 2020 Ky. LEXIS 394 (Oct. 29, 2020):

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TX5: HIPAA doesn’t create REP in blood toxicology for medical treatment later used in DUI

HIPAA doesn’t create a reasonable expectation of privacy in one’s blood sample obtained for medical treatment. HIPAA recognizes criminal process to obtain it. Consuelo v. State, 2020 Tex. App. LEXIS 8460 (Tex. App. – Dallas Oct. 27, 2020). Any lack … Continue reading

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