{"id":52408,"date":"2022-05-21T09:13:02","date_gmt":"2022-05-21T14:13:02","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52408"},"modified":"2022-05-21T11:55:41","modified_gmt":"2022-05-21T16:55:41","slug":"ut-iac-for-not-challenging-dog-alert-shown","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52408","title":{"rendered":"UT: IAC shown for not challenging dog alert"},"content":{"rendered":"\n

The initial dog alert here did not provide probable cause for search of defendant\u2019s vehicle. Thus, defense counsel was ineffective for not pursuing a Fourth Amendment challenge. \u201cIn summary, based on the record before us, a motion to suppress the evidence discovered in the vehicle appears meritorious\u2014that is, it would have had a reasonable likelihood of success. The record contains no indication that the officers had probable cause at the outset or during Timber’s first entry into the car and, as a result, for the search following Timber’s re-entry to be permissible, Handler Officer must not have orchestrated it and Timber’s re-entry into the car must have been purely instinctual. In this instance, that was clearly not the case: Timber’s second entry into the vehicle was orchestrated by Handler Officer, who encouraged Timber to re-enter the car, whereupon Handler Officer shut the driver’s side door to keep Timber in the car to search for drugs.\u201d State v. Beames<\/a>, 2022 UT App 61, 2022 Utah App. LEXIS 64 (May 12, 2022).<\/p>\n\n\n\n

Merely occupying a hotel room doesn\u2019t give one standing to challenge its search. In the Second Circuit, an affidavit showing one\u2019s reasonable expectation of privacy has to be presented with the motion to suppress. United States v. Wiley, 2022 U.S. Dist. LEXIS 89004 (D.Conn. May 18, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"

The initial dog alert here did not provide probable cause for search of defendant\u2019s vehicle. Thus, defense counsel was ineffective for not pursuing a Fourth Amendment challenge. \u201cIn summary, based on the record before us, a motion to suppress the … Continue reading →<\/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":[104,27,23,6,34],"tags":[],"class_list":["post-52408","post","type-post","status-publish","format-standard","hentry","category-burden-of-pleading","category-dog-sniff","category-ineffective-assistance","category-motion-to-suppress","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52408","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=52408"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52408\/revisions"}],"predecessor-version":[{"id":52410,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52408\/revisions\/52410"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52408"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52408"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52408"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}