{"id":7491,"date":"2012-07-28T02:33:39","date_gmt":"2012-07-28T00:06:21","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-07-27T19:36:21","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7491","title":{"rendered":"CA6: Drug dog instinctively jumping into a car is not a search; joining CA3, 8, 10"},"content":{"rendered":"

Joining the Third, Eighth, and Tenth Circuits, the Sixth Circuit holds that a drug dog\u2019s instinctive jumping into a car is not a search. United States v. Sharp<\/a>, No. 10-6127, 2012 FED App. 0232P (6th Cir. July 27, 2012):<\/p>\n

Unlike other circuits, this Court has not addressed this exact situation. In another case involving a police canine, however, we have stated that \u201cabsent police misconduct, the instinctive acts of trained canines … do[] not violate the Fourth Amendment.\u201d Reed, 141 F.3d at 650. In Reed, the defendant allowed the police and a trained canine to enter his apartment to search for a fugitive burglar. Id. at 647. The police gave the canine the signal to search for intruders and released the dog. Id. The defendant did not know that the canine was also trained to search for drugs. Although not ordered to search for drugs, the dog alerted to the presence of drugs in several areas during the search. Id. The canine alerted to the presence of drugs inside a dresser and knocked one of the dresser drawers off its runners. Id. After the drawer fell to the ground, the police observed, in plain view, what appeared to be narcotics inside the dresser drawer. Id. This Court noted that \u201cat least two circuits have found that, absent police misconduct, the instinctive acts of trained canines, such as trying to open a container containing narcotics, do[] not violate the Fourth Amendment.\u201d Reed, 141 F.3d at 650 (citing United States v. Lyons, 957 F.2d 615, 617 (8th Cir. 1992); United States v. Stone, 866 F.2d 359, 364 (10th Cir. 1989)). <\/p>\n

Our sister circuits who have addressed this precise issue are unanimous in holding that a dog\u2019s instinctive jump into a car does not violate the Fourth Amendment as long as the canine enters the vehicle on its own initiative and is neither encouraged nor placed into the vehicle by law enforcement. See, e.g., United States v. Pierce, 622 F.3d 209, 213-14 (3d Cir. 2010); United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007); United States v. Stone, 866 F.2d 359, 364 (10th Cir. 1989). …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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