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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. No second amendment, pro life, pro traditional marriage, reagan or trump tshirts will be sold either. And you cannot draw Mohammed even in your own notebook. And you must wear a helmet at all times while at the fair. And no lawyer jokes can be told except in the designated protest area. And next year no crucifixes, since they are uber offensive to all but Catholics. Have a nice bland day here in the Lego movie. Remember ... Everything is awesome comrades.

  2. Thank you for this post . I just bought a LG External DVD It came with Cyber pwr 2 go . It would not play on Lenovo Idea pad w/8.1 . Your recommended free VLC worked great .

  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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