Judges affirm sniff search in hotel did not violate guest’s constitutional rights

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A trial court properly admitted contraband seized from a woman’s hotel room into evidence, the Indiana Court of Appeals ruled Wednesday. One judge on the panel departed from his colleagues’ need to discuss that the officers’ search was justified because they acted in good faith.

The Holiday Inn Express in Martinsville was concerned that drug use was occurring in the hotel after finding paraphernalia in its rooms, so it asked Martinsville Police to bring canine units to the hotel to conduct free air sniffs in the common areas and hallways.

A sniff by canine Dasko in a hallway led police officer Blake Long to Kimberly Blankenship’s room. She denied permission to enter, but while the door was open, officers saw another woman, Courtney Malone, asleep on a bed. When Blankenship was unable to wake her up, an officer entered the room fearing for her safety and woke her up.

The officers then applied for a search warrant, and upon executing it, found drugs, a digital scale, needles and other paraphernalia. Blankenship was convicted of Class D felonies unlawful possession of a syringe and maintaining a common nuisance.

She appealed, arguing the trial court abused its discretion in admitting the items from the hotel room into evidence. She claimed the dog’s sniff search of the hallways violated her rights under Article 1, Section 11 of the Indiana Constitution.

“In sum, we need not reach Blankenship’s argument that Article 1, Section 11 prohibited the officers from walking canine units in the common area of the hotel, at the hotel management’s request, absent reasonable suspicion,” Judge Edward Najam wrote in Kimberly D. Blankenship v. State of Indiana, 55A05-1307-CR-342. “The officers searched Blankenship’s hotel room while objectively and reasonably relying on a search warrant. There is no evidence that the officers had knowledge, or should be charged with knowledge, that the sniff-search in the hallway may have been unconstitutional. Accordingly, there is no ‘wrongful police conduct’ to deter, and suppression of the evidence under the exclusionary rule would not be appropriate in light of the facts and circumstances of this case.”

Judge John Baker concurred in result, writing that the evidence in this case establishes that Dasko’s sniff sweep at the hotel, at the manager’s request, was reasonable, and the good faith reliance discussion by the majority set forth in Hoop v. State, 990 N.E.2d 463 (Ind. Ct. App. 2009), does not control the outcome here.



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

  2. 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.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...