{"id":1817,"date":"2008-04-08T09:40:43","date_gmt":"2008-02-24T14:17:01","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-02-24T14:17:01","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=1817","title":{"rendered":"Dog alert on a package, without more, did not authorize entry on a controlled delivery"},"content":{"rendered":"<p>Officers entered and seized a package after a controlled delivery where a dog alerted to the box but it had never been opened. After a search warrant was issued for the box, it was &#8220;conspicuously devoid of narcotics, containing only sandals, two packages of underwear, two boxes of cold compresses for injuries, a figurine, a white visor, and women&#8217;s shirts wrapped in a towel.&#8221; The district court erred in granting summary judgment to the officers on both liability and qualified immunity for their conduct. Moreover, the officer&#8217;s alternative arguments on appeal were rejected because they were never presented to the district court. <a href=\"http:\/\/www.ca1.uscourts.gov\/cgi-bin\/getopn.pl?OPINION=07-1623.01A\">Demayo v. Nugent<\/a>, 517 F.3d 11 (1st Cir. 2008).  <em>Comment:<\/em>  This is just the kind of case the Supreme Court was talking about in <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=475&amp;invol=335\">Malley v. Briggs<\/a>: &#8220;As the qualified immunity defense has evolved, it provides ample protection to all but the plainly incompetent or those who knowingly violate the law.&#8221; This was incompetence afoot: a dog alert but no opening the package?  This only proves that police officers are blindly ignorant to false alerts by police dogs.<\/p>\n<p>Ohio&#8217;s DNA collection statute is constitutional. <a href=\"http:\/\/www.ca6.uscourts.gov\/opinions.pdf\/08a0088p-06.pdf\">Wilson v. Collins<\/a>, 517 F.3d 421, 2008 FED App. 0088P (6th Cir. 2008). <em>Comment:<\/em> No court has yet disagreed, so why publish this?<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=1817\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1817","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1817","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1817"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1817\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1817"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1817"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1817"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}