W.D.N.Y.: Consensual entry to a tracking-drug dog during a robbery and burglary investigation led to finding drugs in potential victim’s home

Officers were investigating a robbery and a potential burglary near defendant’s house. The officer with the dog was outside for 45 minutes going around the area looking for a scent [of what?] and then they sought to enter defendant’s home because of the mere possibility the suspect could have been there. Defendant let them in, with the dog. Once inside, the dog, a drug and tracking dog, alerted to drugs in defendant’s apartment. The entry and smell was reasonable because he let them in. The officers didn’t say that the dog also sniffed for drugs. The dog did not alert until inside, and he wasn’t told to look. He was just there with the officer looking for the robbery-burglary suspect. United States v. Iverson, 2015 U.S. Dist. LEXIS 167022 (W.D.N.Y. Dec. 11, 2015).

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