Search And Seizure Dogs Probable Cause and expectation

Search And Seizure Dogs, Probable Cause and expectation of Privacy

Outline of Presentation • Brief Overview of subject (from a business disputes lawyer you get what you pay for) - (seriously, a business lawyer? ) • In depth Discussion of Searches by Holly Teeter and Judge Sutherland • Presentation of The Police Dog (and a short video) • Open Discussion from the Group (please)

Does Your Dog Bite?

Essential Questions • When can you search? • How can you search? • Where can you search? • Who can you search?

4 th Amendment IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Competing Interests • 4 th Amendment • Expectation of Privacy • Unreasonable Searches

First Issue - When Can you Bring in the Dog? • Reasonable Suspicion of Drug Activity • Legal Traffic Stop (limits) • Legal Street Stop?

Probable Cause • Dog Alert provides probable cause of crime - • Supports search of area

Incident to Legal Traffic Stop Because addressing the infraction is the purpose of the stop, it may “last no longer than is necessary to effectuate th[at] purpose. ” Ibid. See also Caballes, 543 U. S. , at 407, 125 S. Ct. 834. Authority for the seizure thus ends when tasks tied to the traffic infraction are—or reasonably should have been— completed. Rodriguez v. United States, 135 S. Ct. 1609, 1614, 191 L. Ed. 2 d 492 (2015)

Bring the Dog Without Traffic Stop A law enforcement officer must have a reasonable and articulable suspicion, based on fact, that the person stopped has committed, is committing, or is about to commit a crime. State v. Thompson, 284 Kan. 763, 764, 166 P. 3 d 1015, 1019 (2007), as modified (Oct. 17, 2007) A traffic stop may not exceed the scope or duration necessary to carry out the purpose of the stop. When conducting a routine traffic stop, a law enforcement officer may request a driver's license and vehicle registration, conduct a computer check, and issue a citation. Id.

State v. Anderson Under the facts of this case, detention of the driver of a truck became unreasonable and thus unlawful after (1) the driver was removed from the truck; (2) a passenger was removed from the truck, found to have drugs and a large amount of cash on his person, and arrested; (3) a drug dog alerted on the unoccupied truck; (4) an exhaustive search of the truck was conducted; and (5) the search turned up no evidence of serious crime committed by the driver. Earlier reasonable suspicion of illegal drug activity by the driver did not ripen into probable cause for arrest when the truck search yielded no evidence. Rather, reasonable suspicion was dispelled. State v. Anderson, 281 Kan. 896, 136 P. 3 d 406, 408 (2006)

Scope of the Search • Sniff provides cause to search whole vehicle • Car sniff may provide probable cause for search of passengers belongings • When there is probable cause to search for contraband in a car, it is reasonable for police officers-like customs officials in the founding era-to examine packages and containers without a showing of individualized probable cause for each one. A passenger's personal belongings, just like the driver's belongings or containers attached to the car like a glove compartment, are “in” the car, and the officer has probable cause to search for contraband in the car. Wyoming v. Houghton, 526 U. S. 295, 302, 119 S. Ct. 1297, 1301, 143 L. Ed. 2 d 408 (1999)

Considerations • Sui Generis unlawful conduct vs. lawful activity • Property Rights vs. Privacy rights (curtilage) • Thermal Imaging