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 facts that, for purposes of Article I, section 9, would justify the seizure. Accordingly, the trial court erred in denying defendant’s motion to suppress.” State v. Allen, 314 Or. App. 735, 2021 Ore. App. LEXIS 1297 (Sept. 22, 2021).

“Although Marsh argues that the agents did not have an informant or direct observation of the guns or related evidence while they were inside the apartment, a warrant need not be based on such definitive information. … Instead, an officer’s expectation that evidence is likely to be found in a suspect’s residence, based on prior experience and the specific circumstances of the crimes under investigation, satisfies probable case. … This is precisely the basis for the search warrant here, and the circumstances described in the affidavit support the conclusion that there was probable cause to authorize the search of Marsh’s apartment.” United States v. Marsh, 2021 U.S. Dist. LEXIS 181763 (N.D.Ala. July 27, 2021).*