K9 Sniffs and Where It Was Established as PC

In this archive episode, Dennis explains how it was established that K-9 Sniff will give you probable cause. Recorded on 08/19/2017. K-9 Sniff is considered “Sui Generis” which means unique to its purpose, similar to a drug testing kit. The Court had held that a dog sniff is sui generis because it discloses only the presence or absence of narcotics. (US v. Place 1983) http://caselaw.findlaw.com/us-supreme-court/462/696.html?fbclid=IwAR3jw38otJbWOqGkBeFLHMWdyZwBs0XhbClqA_AA_3r1HhGzLqavnN_DMXM (http://caselaw.findlaw.com/us-supreme-court/462/696.html) US v Nurse 1990 - If the canine sniff results in a positive alert or indication that the particular piece of property contains contraband or evidence of a suspected crime, this trained Canine’s reaction elevates the reasonable suspicion to probable cause, and thus provides the necessary justification for the issuance of a search warrant or for a search under an applicable exception to the warrant requirement.https://l.facebook.com/l.php?u=https%3A%2F%2Fwww.ravellaw.com%2Fopinions%2Fee859de4ba38d3bbc4550db9735fb71e%3Ffbclid%3DIwAR3kHJVXg3lCvucmFhXDjNbqrUCEuVg4ig87tAssldcswGUSuQG3et4C0SQ&h=AT0E23SZHlEVwq9kjdWr-LZBcyrxZ8GQbCMoIFr59C0kNaTOkOmdFSAvDzeSRnf6ieD_8hTG_NgDLaaa_-nXU1lGv9k09Xn45ZdG1X64cZCqF1TRRbnpM5qo7BtBRt9z5g&__tn__=-UK-R (https://www.ravellaw.com/.../ee859de4ba38d3bbc4550db9735f...) Illinois v. Caballes 2005 - As found by the trial judge prior to the appeal, the dog sniff was sufficiently reliable to establish probable cause to conduct a full blown search of the trunk. United States v Pierce (2010)- The United States Supreme Court has consistently held “That an exterior canine sniff of a car during a lawful traffic stop does not amount to a search under the 4th Amendment. It is also well established that, looking at the totality of the circumstances, a dog’s positive alert while sniffing the exterior of the car provides an officer with probable cause.” https://l.facebook.com/l.php?u=https%3A%2F%2Fwww.justice.gov%2Fosg%2Fbrief%2Fillinois-v-cab