Posts tagged with: "dog sniffs"
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20 Feb 2013, 9:35 am by Jeff Welty
Yesterday, the Supreme Court decided Florida v. Harris, holding that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, even if there are no records proving that the dog has previously performed well at detecting drugs in the field. I mentioned Harris in my [...] [read post]
21 Apr 2011, 7:52 am by ERIC J DIRGA PA
Image via Wikipedia Jardines v. State, 36 Fla. L. Weekly S147 (Fla. Apr 14 2011): Defense Appeal, Conflict resolved – Law Enforcement approach private residence, based on a “crime-stoppers” tip, with a trained canine and have dog sniff by the front door.  Dog alerts.  Detective at scene writes affidavit and within a few hours has a warrant to search the house.  They find cannabis plants growing inside the house.  Trial court grants motion to suppress, 3d DCA reverses and certifies… [read post]
9 Aug 2012, 4:58 am by Shea Denning
May an officer prolong a routine traffic stop for four and a half minutes to allow a drug dog to sniff the exterior of the vehicle–even if the officer lacks reasonable suspicion to believe that drugs are in the car?  Yes she may.  The court of appeals held this week in State v. Sellars, No. [...] [read post]
27 Mar 2013, 4:34 am by davidharrisauthor
On November 5, I posted here about Florida v. Jardines, in which the U.S. Supreme Court would decide this question: when a police officer takes a dog trained to sniff for drugs onto the porch of a home to sniff the air coming from under the door of a house, does this action constitute a search under the Fourth Amendment?  If the answer was yes, this would mean that police would need a warrant from a court before bringing the dog up to the door.  In past cases, the Court had given police… [read post]
27 Mar 2013, 4:34 am by davidharrisauthor
On November 5, I posted here about Florida v. Jardines, in which the U.S. Supreme Court would decide this question: when a police officer takes a dog trained to sniff for drugs onto the porch of a home to sniff the air coming from under the door of a house, does this action constitute a search under the Fourth Amendment?  If the answer was yes, this would mean that police would need a warrant from a court before bringing the dog up to the door.  In past cases, the Court had given police… [read post]
29 Nov 2012, 1:44 pm by davidharrisauthor
A few weeks ago, I wrote a post  here about two cases heard by the U.S.  Supreme Court about police use of drug-sniffing dogs: Florida v. Jardines and Florida v. Harris.   But now comes news that technology may take us a step further than those cases would.  It seems that scientists have built a device that mimics the power and accuracy of the canine nose. Professors Carl Meinhart and Martin Moskovits at the University of California at Santa Barbara have engineered a device… [read post]
11 Jan 2012, 6:04 pm
In an important case decided recently by the Florida Supreme Court -- the Court held that a dog sniff at the front door of a private residence was an illegal search... thus shutting the door to an expansion of the use of the "dog sniff" tool to invade the privacy of the home of the average citizen. In Jardines v Florida, the police conducted a warrantless "sniff test" by a drug detection dog at Jardines? home and discovered live marijuana plants inside. The trial court granted Jardines? motion to… [read post]
10 May 2011, 10:43 am by utahdefenders
Dog Sniff Searches | Criminal Defense If you live in Utah and are driving on Utah’s highways, or if you live in another state and are simply passing through Utah, be careful about violating any traffic rule. Utah Highway Patrol loves to pull people over for following too close to another vehicle and speeding.  UHP then uses such stops as a reason to search the stopped car for drugs and other contraband.  One tool used extensively by UHP is the drug sniffing dog or drug K9 unit. Laws Governing… [read post]
5 Nov 2012, 11:25 am by davidharrisauthor
Last week, the U.S. Supreme Court held arguments on cases involving police use of dog detection dogs, and the ability of citizens to sue when they think their conversations have been monitored under the Foreign Intelligence Surveillance Act.  These are important matters, with important long-term implications for the privacy of all Americans. I had the chance to discuss these cases on Pittsburgh Public Radio’s Essential Pittsburgh talk show.  To hear the complete audio file, click here. In the… [read post]
25 Jun 2012, 9:58 pm
Introduction - A March 2012 case decided by the Colorado Supreme Court - People v. Esparza, has held that a drug sniffing dog can smell outside a defendant's parked vehicle without the police having reasonable suspicion of the presence of contraband, and that such use of the dog does not constitute a "search" under the Colorado Constitution's protections against unreasonable search and seizure. In one fell swoop - the Court ignored a line of cases that required some measure of evidence before law… [read post]
8 Mar 2013, 10:47 am
The Supreme Court decided Feb. 13, 2013 that the government's failure to produce a drug-detection dog's field performance records does not preclude a finding of probable cause to search. In Florida v. Harris, the Court reversed a Florida Supreme Court ruling that, in every case, the government has to produce records, including a log of a drug dog's field performance, in order to establish the dog's reliability. In that case, a police officer pulled over the defendant for a traffic stop. The… [read post]
23 Sep 2010, 2:00 pm by Jeff Gamso
We use 6-quart paint cans that have numbers on them. They're just clean paint cans, and I put a piece of wood on the bottom of them so they are more stable and they're numbered. I set the paint cans out. I typically go like ten walking steps, put a can down; ten walking steps, put a can down. The cans are placed so there-with a crosswind-so if the can is here and the next can is here, the wind is going either this way or this way. We don't want the scent from can 2 blowing toward 3 or toward… [read post]
8 Mar 2013, 1:07 pm
The Supreme Court will soon decide whether police violate the Fourth Amendment by bringing a drug dog to the front door of a suspected marijuana grow house to execute a dog sniff, and the implications will be important for persons accused of drug crimes in Massachusetts and elsewhere. The Court heard argument in the case of Florida v. Jardines, one of two recent dog sniff cases, in October 2012. The other case, Florida v. Harris, was decided in February 2013, with the court holding that the… [read post]
30 Oct 2012, 11:41 am by Jason Cheung
The old saying is that a dog is a man’s best friend, but this proverb wouldn’t apply if the best friend assisted in getting the man arrested. The use of dogs has continued to climb since the Supreme Court announced in U.S.  v. Place (1983) that the use of dogs to find drugs was not a search under the Fourth Amendment’s prohibition against search and seizures without a warrant. However, the latest case before the high Court asks whether the use of dogs triggers the other half of the Fourth… [read post]