COA: Dog sniff requires reasonable suspicion

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Analyzing the issue for the first time, the Indiana Court of Appeals today determined reasonable suspicion is needed to conduct a drug-detecting dog sniff of a private residence. Even though the state didn't argue the police had reasonable suspicion, it established the officers relied on the warrant executed after the sniff in good faith.

In Jonathon Hoop v. State of Indiana,  No. 49A02-0807-CR-666, Jonathon Hoop argued his rights under the Fourth Amendment and Article I, Section 11 of the Indiana Constitution were violated when police used a dog to sniff around the front door of his home to detect drugs.

The dog sniff came after a confidential informant told Sgt. Jason Bradbury of the Indianapolis Metropolitan Police Department that Hoop was growing marijuana in his Beech Grove home. A check of public utility records showed Hoop was using more electricity than previous occupants.

Based on the dog's behavior during the drug sniff, Bradbury applied for a search warrant of the home. The searched turned up numerous marijuana plants, bags of marijuana, a digital scale, cash, and firearms. Hoop was charged with Class D felony dealing in marijuana and Class D felony possession of marijuana. His motion to suppress evidence was denied, resulting in this interlocutory appeal.

Hoop relied on United States v. Thomas, 757 F.2d 1359 (2d Cir. 1985), to argue the dog sniff is a search within the meaning of the Fourth Amendment. But the 2nd Circuit's ruling that a canine sniff of a residence may constitute an unreasonable search has been criticized by numerous jurisdictions and goes against the United States Supreme Court ruling in U.S. v. Place, 462 U.S. 696 (1983), wrote Judge Melissa May.

As long as an officer is lawfully on the premises, he or she may have a dog sniff the residence without implicating the Fourth Amendment. As such, the police could go to Hoop's front door using the walkway that would ordinarily be used by any visitor. The dog sniff alone was reasonable enough to establish probable cause and validate the warrant under the Fourth Amendment, wrote the judge.

The Court of Appeals hadn't considered the validity of a warrant based on a dog sniff of a residence under the Indiana Constitution. Hoop claimed his case is similar to Litchfield v. State, 824 N.E.2d 356, 359, (Ind. 2005), which required reasonable suspicion to search a trash can; the state countered that a dog sniff only reveals the presence of or absence of contraband and doesn't reveal private details.

"As Litchfield placed overriding weight on the need to restrict arbitrary selection of persons to be searched, and that same concern is present here, we conclude reasonable suspicion is needed to conduct a dog sniff of a private residence," she wrote.

The state failed to address whether the confidential informant's tip and the information about Hoop's power usage established reasonable suspicion, but it argued the officers relied on the warrant in good faith. Because the officers relied on the warrant in good faith, the Court of Appeals didn't decide whether the officers had reasonable suspicion.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.