{"id":59694,"date":"2024-12-29T11:34:22","date_gmt":"2024-12-29T16:34:22","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59694"},"modified":"2024-12-29T17:42:04","modified_gmt":"2024-12-29T22:42:04","slug":"mn-dog-sniff-inside-car-a-search","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=59694","title":{"rendered":"MN: Dog sniff inside car a search"},"content":{"rendered":"\n<p>A dog sniff inside a car is a search. But here it was with probable cause. <a href=\"https:\/\/mn.gov\/law-library-stat\/archive\/ctappub\/2024\/OPa240152-122324.pdf\">State v. Johnson<\/a>, 2024 Minn. App. LEXIS 537 (Dec. 23, 2024):<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>&#8230; The Supreme Court stated, however, that a trespass alone is not a search &#8220;unless it is done to obtain information.&#8221; Id. at 408 n.5. Thus, because the government &#8220;physically occupied private property for the purpose of obtaining information,&#8221; the Supreme Court concluded that a search had occurred. Id. at 404.<br \/>The Supreme Court applied the same principle in Florida v. Jardines, 569 U.S. 1, 1, 133 S. Ct. 1409, 185 L. Ed. 2d 495 (2013). In Jardines, law enforcement took a narcotics-detection dog to Jardines&#8217;s front porch and, &#8220;[a]fter sniffing the base of the front door,&#8221; the dog alerted to the presence of narcotics. 569 U.S. at 4-5. Law enforcement did not have a warrant. Id. at 4. The Supreme Court concluded that it did not need to decide whether the intrusion violated Jardines&#8217;s expectation of privacy. Id. at 11. &#8220;That the officers learned what they learned only by physically intruding on Jardines'[s] property to gather evidence [was] enough to establish that a search occurred.&#8221; Id.<\/p>\n\n\n\n<p>Although neither the United States Supreme Court nor the Minnesota Supreme Court has addressed whether a sniff by a narcotics-detection dog inside a vehicle constitutes a search, the principles established in Jones and Jardines compel us to conclude that the use of a narcotics-detection dog to physically occupy or intrude on any private property constitutes a search. We therefore hold that, under the Fourth Amendment to the United States Constitution and article I, section 10 of the Minnesota Constitution, a nonconsensual warrantless sniff inside a vehicle by a narcotics-detection dog is a search for which law enforcement must have probable cause to believe will result in a discovery of evidence or contraband.<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>A dog sniff inside a car is a search. But here it was with probable cause. State v. Johnson, 2024 Minn. App. LEXIS 537 (Dec. 23, 2024):<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[27,73],"tags":[],"class_list":["post-59694","post","type-post","status-publish","format-standard","hentry","category-dog-sniff","category-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59694","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=59694"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59694\/revisions"}],"predecessor-version":[{"id":59705,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59694\/revisions\/59705"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59694"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59694"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59694"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}