DOGS

Question 1

What determines if a dog sniff is considered a ‘search’ under the Fourth Amendment?

Answer 1

Whether the sniff occurs on protected areas of a householder’s property

If the dog intrudes on protected areas, it is a search; otherwise, it is not.

Question 2

What was the conclusion of the Jardines case regarding dog sniffs?

Answer 2

Using a trained police dog to investigate a home inside the curtilage is a ‘search’ that requires a warrant

Jardines (2013) 133 S.Ct. 1409.

Question 3

Under what circumstances is using a drug-sniffing dog not considered a search?

Answer 3

From a public street, in a vehicle’s trunk, undercarriage, or passenger compartment, or in a storage locker

Cases include Lingenfelter (1993), Caballes (2005), and Stillwell (2011).

Question 4

True or False: Reasonable suspicion is needed to use a dog for sniffing in non-search situations.

Answer 4

False

No reasonable suspicion or probable cause is needed.

Question 5

What was the outcome of the Caballes case regarding dog sniffs during a traffic stop?

Answer 5

The use of a narcotics-detection dog during a lawful traffic stop was not a search requiring reasonable suspicion or probable cause

Caballes (2005) 543 U.S. 405.

Question 6

In the context of dog sniffs, what does ‘reasonable suspicion’ allow law enforcement to do?

Answer 6

Detain or seize an object suspected to contain drugs

Bell (1996) 43 Cal.App.4th 754.

Question 7

What must law enforcement do when conducting a dog sniff to confirm or dispel suspicion?

Answer 7

Carry out the sniff quickly, within the same period reasonable for detaining a person

Place (1983) 462 U.S. 696.

Question 8

What does a ‘reliable’ dog’s positive reaction provide?

Answer 8

Probable cause to search the object or area

Stillwell (2011) 197 Cal.App.4th 996.

Question 9

What are some bases for conducting a warrantless search?

Answer 9

• Exigent circumstances
• Consent
• Vehicle exception
• Search incident to arrest
• No reasonable expectation of privacy

Gant (2009), Schmitz (2012), Mayberry (1982).

Question 10

What are the requirements for establishing a dog’s reliability according to the U.S. Supreme Court?

Answer 10

A dog must be certified after testing in a controlled setting or show recent training success

Harris (2013) 568 U.S. 237.

Question 11

True or False: Data on a dog’s success rate is required to establish probable cause.

Answer 11

False

Testimony on training and handler observations is sufficient.

Question 12

Fill in the blank: A dog sniff of a student in a public school is considered a _______ under the Fourth Amendment.

Answer 12

[search]

B.C. (9th Cir. 1999) 192 F.3d 1260.