Due Process #4

Dog Sniffs

US v. Place facts and significance?

• At airport and luggage was sniffed w/ no warrant, and found narcotics

  • Does not constitute as a search

• Court focuses on law enforcement doing job and intrusiveness of search and rights

  • Tries to balance both

• Manner of this search was non intrusive

  • Only discovered the presence of the drugs; sniff is limited in knowing contents inside the luggage and ensures property owner is not embarrassed or inconvenienced

FLA v. Jardines facts?

• Police received tip marijuana being grown in suspects home, went around with drug dog with a 6 foot leash and sniffed the drugs and sat at the front door to indicate drugs were on the premise

• Detective then got a search warrant on residence and found marijuana plants and was convicted

FLA v. Jardines holding and reasoning?

• In favor of Jardines

• Wins based on the Trespass Doctrine

  • "constitutionally protected area" -> house; specifically mentioned in the 4th amendment

  • Police were specifically there to find evidence, and stay; different from a person who knocks and leaves

Rodriguez v. US facts?

• The officer witnessed the car go over the yellow line for a second and jerk back quickly, legally pulled over car, officer had the K9 with him, however, does not bring the dog to get license and registration. Then the officer goes back to his car, runs information, comes back to the car a second time, and asks the passenger for their information, still does not have the dog with him. Goes back to his car and runs information. Goes back to the defendant's car for the third time, and gives back his license and registration and drivers license to the passenger and declares the purpose of the stop was over. However, then tells them they are not free to go and asks to walk the K9 around the car, Rodriguez says no, does it anyways, and dog sits at the trunk

  • Length of stop was 7-8 minutes from giving stuff back to dog sitting; found drugs

Rodriguez v. US issue?

Did the 4th amendment allow the dog sniff after the completion of the stop?

Rodriguez v. US holding and reasoning?

• In favor of US, only based on time of stop

• Is a search; when police stop for traffic stop, it should not go beyond license and registration; when information was given back the stop was over

• Dog sniff was aimed at getting evidence, not used in an ordinary traffic stop

  • He loses because the time after the stop was over was only 7-8 minutes, it was short