K9 Searches Flashcards
Rodriguez v US (Supreme Court)
2016 AOT
Canine officer stops car for traffic violation. Completes the traffic stop, issues warning, and returns all papers, but continues to hold the vehicle and occupants until back up arrives at which time he walks his dog around the car in alerts. After aboht eight minutes after the stops conclusion, the dog alerted. The officer was in the wrong because after finishing the stop, he held the car without reasonable suspicion.
Once the duration of the stop is over, absent reasonable suspicion, you must let them go.
United States v. Thomas
United States v. Thomas, 757 F.2d 1359 (2nd Cir 1985)-The use of a canine to detect odors emanating from an apartment while at a lawful place outside the apartment is still a search requiring probable cause and a warrant. The court emphasized that a person has a higher expectation of privacy in his dwelling than in objects transported through public places (vehicles, baggage, boxes, etc
U.S. v. Anchondo
U.S. v. Anchondo, 156 F.3d. 1043 (10th Cir. 1998)-A search incident to arrest can occur before the actual arrest takes place. The search and the arrest must be contemporaneous to each other. The court further stated that an officer can search a person if a canine alerts on the vehicle the person occupied, but no drugs were found in the vehicle. If the probability of drugs deminishes in the vehicle, then it increases for drugs being on the person
City of Indianapolis v. Edmond
City of Indianapolis v. Edmond, 531 US 32 (2000)-It is unconstitutional to set up a checkpoint to detect evidence of ordinary criminal wrongdoing. In this case, the officers were looking for drugs. The officers used canines to sniff vehicles stopped at the roadblock
United States v Ramirez
United States v Ramirez, 342 F. 3d 1210 (10th Cir. 2003)-An investigation into the contents of a package does not have to cease just because a K-9 failed to alert on it.
Illinois v. Caballes
Illinois v. Caballes, 000 U.S. 03-923 (2005)-A drug dog can be used to sniff a vehicle for contraband on any traffic stop, if:
The vehicle is lawfully stopped.
The sniff occurs within the duration of time necessary to reasonably conduct the stop. (If the K9 officer makes the stop and also conducts the sniff, the extra time will probably violate this requirement.)
The officer is not required to have any facts of a drug violation prior to the sniff occurring
US v Mendoza
US v. Mendoza, 05-4299 (10th Cir. 2006)-Trooper Bowles observed two vehicles traveling on a Utah highway. He observed that one of the vehicles had a Minnesota tag and the other one an Arizona tag. Both vehicles appeared to be traveling together. Suspecting that the vehicles might be involved in auto theft or drug trafficking the trooper turned around and followed the vehicles. The trooper stopped Mendoza on traffic after he failed to stop for a stop sign. The trooper smelled air freshener coming from the vehicle. Mendoza also gave inconsistent stories about where was traveling to and the route he was taking, who owned the vehicle, and when it was actually purchased. The trooper observed that Mendoza was very nervous. The trooper believed he had reasonable suspicion to detain Mendoza . The trooper called for a drug dog to come to the scene to check the vehicle for drugs. The drug dog arrived approx. 40 minutes later and searched the vehicle. The dog alerted on the gas tank. The gas tank was packed with methamphetamine. The court ruled that Trooper Bowles had reasonable suspicion to detain Mendoza. The court also ruled that waiting 40 minutes for the drug dog to arrive was reasonable
US v. Kitchell
US v. Kitchell, No. 09-6206 (10th Cir. 2011)-Potential currency contamination does not undermine the significance of a positive dog alert in indicating a fair probability of the presence of contraband, and thus probable cause to search
Florida v. Jardines
Florida v. Jardines, No. 11–564 (2013)-The Court held that taking a K-9 onto the porch of the defendant’s home to sniff for drugs inside is a search and requires consent or a search warrant. The officer entered into the curtilage for evidence gathering purposes in violation of the defendant’s Constitutionally protected 4th Amendment rights. See US v. Thomas.
US v Rodriguez
Rodriguez v. US, 13-9972 (SCOTUS 2015)-The Court ruled that a traffic stop, absent reasonable suspicion or consent, cannot be extended even for a few minutes after the conclusion of a traffic stop in order to conduct a K-9 sniff of the vehicle. In this case the driver was stopped and issued a warning. He was then asked for permission to remain so the officer can conduct a K-9 sniff. The driver refused. The officer detained the driver anyway until another officer arrived. The officer conducted the K-9 sniff approx. 8 minutes after the stop was concluded. Drugs were found in the vehicle after the K-9 alerted. The driver was arrested. The Court held that the detention beyond the length of the traffic stop was an unreasonable seizure in violation of the Constitution
Engdahl v. WY
- The court cites the longstanding rule that, in the absence of consent, an officer may expand the investigative detention beyond the purpose of the initial stop only if there exists an objectively reasonable and articulable suspicion that criminal activity has occurred or is occurring.
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