ID: Drug dog putting feet on car door and window during stiff was a trespass on the chattel and the search should have been suppressed

A warrantless Fourth Amendment “search” occurred when the police drug-sniffing dog trespassed against defendant’s vehicle for the purpose of obtaining information about, or related to, the vehicle. When the dog approached the driver’s side on his second pass, he clearly trespassed against defendant’s vehicle because the video showed that, when the dog reached the front driver side door, he jumped up onto the door, and planted his two front paws on the door (and then the window) as he sniffed the upper seams of the vehicle. Although it was accomplished by the dog, it was the law enforcement officers who violated defendant’s dignitary interest in maintaining the inviolability of his chattel. State v. Dorff, 2023 Ida. LEXIS 30 (Mar. 20, 2023). (This is a significant case.) Update: Volokh Conspiracy, Reason: Idaho Supreme Court Rules Fourth Amendment Violated When Drug-Sniffing Dog “Intermeddled” With Defendant’s Car by Ilya Somin (“Nero the police dog put his paws on the side of the car, which qualifies as a trespass, and thereby also a ‘search’ under the Fourth Amendment.”)

Plaintiff former inmate plausibly alleged a Fourth Amendment violation for an unreasonable strip search going into a jail, enough to survive qualified immunity. Drummond v. Proctor, 2023 U.S. Dist. LEXIS 46484 (S.D. Ga. Mar. 20, 2023).*

Defendant matched the description of a runaway driver from a car wreck, 2-3 blocks away, so his stop was reasonable. People v. Flores, 2023 NY Slip Op 30752(U), 2023 N.Y. Misc. LEXIS 1105 (Westchester Co. Mar. 14, 2023).*

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