{"id":49591,"date":"2021-09-10T07:54:28","date_gmt":"2021-09-10T12:54:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49591"},"modified":"2021-09-10T08:01:11","modified_gmt":"2021-09-10T13:01:11","slug":"ut-drug-dogs-instinctive-leap-through-a-left-open-car-window-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49591","title":{"rendered":"UT: Drug dog\u2019s instinctive leap through a left open car window was reasonable"},"content":{"rendered":"\n

A drug dog\u2019s instinctive leap through a left open car window was reasonable and didn\u2019t violate the Fourth Amendment. State v. Ruiz<\/a>, 2021 UT App 94 (Sept. 2, 2021):<\/p>\n\n\n\n\n\n\n\n

\u00b625 Moreover, Odin\u2019s leap through the partially open window was instinctual because he was following his natural drive to locate the source of the contraband odor that he had learned to identify. As Officer and Director testified, Odin was trained to \u201cfollow his nose\u201d to the source of the odor of contraband drugs. See supra \u00b6 10. But Ruiz argues that Odin\u2019s \u201centry into the vehicle was not instinctive, it was trained.\u201d In making this argument, Ruiz does not sufficiently distinguish between training and instinct. In the context of a K-9 sniff, \u201c\u2018instinctive\u2019 implies the K-9 enters the car without assistance, facilitation, or other intentional action by its handler,\u201d Pierce, 622 F.3d at 214, not that the K-9 is untrained. Ruiz\u2019s reasoning that Odin\u2019s training precluded his unprompted leap through the open window from being \u201cinstinctive\u201d does not adequately separate the training of K-9s from their natural instinct. In other words, Odin\u2019s natural drive to locate the source of the odor of drugs emanating through an open window was instinctive even though he had learned he would be rewarded when he pinpointed the source. Odin\u2019s training was not ultimately the reason he jumped through the open window during the search; rather, he instinctively entered the car when he detected an odor he had been trained to locate.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

A drug dog\u2019s instinctive leap through a left open car window was reasonable and didn\u2019t violate the Fourth Amendment. State v. Ruiz, 2021 UT App 94 (Sept. 2, 2021):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27],"tags":[],"class_list":["post-49591","post","type-post","status-publish","format-standard","hentry","category-dog-sniff"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49591","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=49591"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49591\/revisions"}],"predecessor-version":[{"id":49593,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49591\/revisions\/49593"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49591"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49591"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49591"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}