When Is a Dog Sniff in Your Car Not a Search? | Volokh

Jonathan H. Adler • July 27, 2012 11:42 am

Today the U.S. Court of Appeals for the Sixth Circuit decided United States v. Sharp, a dog-sniff case.  Here’s the court’s summary:

It is well-settled that a dog’s sniff around the exterior of a car is not a search under the Fourth Amendment. Defendant appeals the district court’s denial of his motion to suppress because a narcotics dog jumped into his car and sniffed inside the car before “alerting” to the presence of narcotics. The canine’s jump and subsequent sniff inside the vehicle was not a search in violation of the Fourth Amendment because the jump was instinctive and not the product of police encouragement. Therefore, we AFFIRM.

Federal Appeals Court Upholds Forced Home Entry Over DUI

Federal appeals court rules a police officer who suspects drunk driving can break into a home without first obtaining a warrant. via Federal Appeals Court Upholds Forced Home Entry Over DUI.