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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. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  3. wow is this a bunch of bs! i know the facts!

  4. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  5. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

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