Use of a flashlight in a protective sweep of a black bag tossed by a fleeing suspect in the house was reasonable for safety reasons. Inside, methamphetamine was found. United States v. Adams, 2023 U.S. Dist. LEXIS 28537 (W.D.N.Y. Feb. 21, 2023).
A drug dog’s momentary touching of a car with its nose would not be a trespass at common law and therefore not under the Fourth Amendment. United States v. Anderson, 2023 U.S. Dist. LEXIS 28727 (D. Kan. Feb. 21, 2023). (What about dogs climbing into open cars and the back of pickups and trucks?)
Not all of the eight facts relied upon by the district court supported reasonable suspicion, but the remainder just barely did. “Taking only these permissible facts into account, this case falls very close to the line, but we nonetheless conclude that reasonable suspicion is narrowly supported by the totality of the circumstances.” United States v. Batara-Molina, 2023 U.S. App. LEXIS 4059 (10th Cir. Feb. 22, 2023).*