{"id":18627,"date":"2015-08-30T07:01:19","date_gmt":"2015-08-30T12:01:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=18627"},"modified":"2015-08-31T08:33:24","modified_gmt":"2015-08-31T13:33:24","slug":"id-dog-putting-nose-in-open-window-of-car-wasnt-search-it-was-dog-following-smell","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=18627","title":{"rendered":"ID: Dog putting nose in open window of car wasn&#8217;t search; it was dog following smell"},"content":{"rendered":"<p>A drug dog putting his nose up to the open window during an exterior dog sniff was not a search of the interior. The officers didn\u2019t tell him to do it, and the dog was just following his smell (citing cases). <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/42097.pdf\">State v. Naranjo<\/a>, 2015 Ida. App. LEXIS 75 (August 26, 2015).<\/p>\n<p>In a Franks challenge, proof of a knowing falsity is required, and showing a statement might have been merely with reckless disregard for the truth doesn\u2019t measure up. United States v. Barnes, 2015 U.S. Dist. LEXIS 113842 (E.D.La. August 27, 2015).<\/p>\n<p>The warrantless blood draw here was justified by implied consent. Defense counsel was not ineffective for not challenging the blood draw under McNeely. <a href=\"http:\/\/www.isc.idaho.gov\/opinions\/41942.pdf\">Sims v. State<\/a>, 2015 Ida. App. LEXIS 74 (August 24, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>A drug dog putting his nose up to the open window during an exterior dog sniff was not a search of the interior. The officers didn\u2019t tell him to do it, and the dog was just following his smell (citing &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=18627\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,55,21],"tags":[],"class_list":["post-18627","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-drug-testing","category-franks-doctrine"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18627","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\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=18627"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18627\/revisions"}],"predecessor-version":[{"id":18652,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/18627\/revisions\/18652"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=18627"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=18627"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=18627"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}