Federal Circuits Archives

21 04, 2025

CA1: Marijuana odor upheld for determination of PC, still a federal crime even though state decriminalized possession and use.

By Clay Smith|2025-04-21T15:31:11+00:00April 21st, 2025|CA1, Federal Circuits|0 Comments

United States v. Pavao: What K9 Units Need to Know About Marijuana Detection and Search & Seizure Law Introduction: Why Pavao Matters for Police K9 Search and Seizure The intersection of K9 police work and search and seizure law continues to evolve—especially in states where marijuana has been legalized or decriminalized. A recent appellate decision, United States v. Pavao (1st Cir. 2024), has reaffirmed a critical legal principle: the odor of marijuana can still serve as probable cause or reasonable suspicion, regardless of local decriminalization. For law enforcement agencies and K9 handlers, this ruling offers a solid legal foundation for [...]

15 04, 2025

CA8: K9 touching car was instinctive and not a violation US v Munoz

By Clay Smith|2025-04-18T15:16:59+00:00April 15th, 2025|CA8, Narcotics Detection, Vehicle Sniffs|0 Comments

United States v. Munoz (8th Cir. 2025) Federal Case – Eighth Circuit Court of Appeals In United States v. Munoz, the Eighth Circuit Court of Appeals addressed a familiar issue in K9 case law—how far is too far when a drug dog sniffs (and touches) a car during a traffic stop? The case involved three defendants—Ashley Chacon, Emiliano Nava Munoz, and Valentin Nava Munoz—who were stopped and ultimately charged with distributing massive amounts of methamphetamine. Chacon was pulled over for speeding in Iowa. During the stop, an officer asked her to sit in his patrol vehicle while he completed the [...]

15 11, 2024

CA6: No reasonable suspicion to extend stop for sniff – Rodriguez Violation

By Clay Smith|2025-01-29T00:02:15+00:00November 15th, 2024|CA6, Federal Circuits, Federal Districts|0 Comments

United States v. Taylor, 2024 U.S. App. LEXIS 29055 (6th Cir. Nov. 15, 2024) Case Summary: United States v. Taylor (2024) Jurisdiction: United States Court of Appeals for the Sixth Circuit Decision Date: 2024 Background On January 21, 2019, Officer Kristen Cox of the Knoxville Police Department stopped Nathaniel Taylor for speeding on Interstate 275 in Knoxville, Tennessee. During the stop, Officer Cox noticed several factors she considered suspicious: Multiple Air Fresheners: She observed multiple air fresheners in Taylor's vehicle, which she interpreted as an attempt to mask odors. Criminal History: She reviewed Taylor's criminal history, which included past [...]

6 09, 2024

CA8: Alert style not specified by court to be upheld

By Clay Smith|2025-01-28T19:23:32+00:00September 6th, 2024|CA8, Federal Circuits, Federal Districts, Narcotics Detection, Vehicle Sniffs|0 Comments

United States v. Collier, 2024 U.S. App. LEXIS 22709 (8th Cir. Sep. 6, 2024). "Every dog is unique, and a dog that smells illicit drugs is not required to communicate with its handler in any specific way. … ‘Dogs alert in many different manners. One dog may alert in one manner while another dog may alert in another manner.’ … The reliability of a dog’s alert, not its manner, is what matters. See Holleman, 743 F.3d at 1156 (‘Fourth Amendment jurisprudence does not require drug dogs to abide by a specific and consistent code in signaling their sniffing of drugs [...]

11 07, 2024

CA9 – Rosenbaum v. City of San Jose, 2024 U.S. App. LEXIS 16975 (9th Cir. July 11, 2024) – Excessive Duration on Bite

By Clay Smith|2024-07-29T18:18:53+00:00July 11th, 2024|CA9, Federal Circuits, Use of Force|0 Comments

9th Circuit CA- Rosenbaum v. City of San Jose, 2024 U.S. App. LEXIS 16975 (9th Cir. July 11, 2024) K9 Use of Force - Excessive Duration - Denial of Qualified Immunity "Contrary to Defendants’ contention on appeal, bodycam video from the arrest does not contradict, and generally supports, Rosenbaum’s allegation that while he lay on his stomach “in full surrender with his hands stretched out and surrounded by all named Defendants with their firearms trained on him,” the police dog “was allowed to continue biting [him] for over 20 seconds, before being pulled away.” At a minimum, whether the officers acted [...]

15 03, 2021

CA10 – United States v. Goldberg – Positive Alert without Final Trained Response is Sufficient

By Clay Smith|2021-04-01T15:57:57+00:00March 15th, 2021|CA10, Federal Circuits, Vehicle Sniffs|0 Comments

United States v. Goldberg 2021 U.S. App. LEXIS 7431 (10th Cir. Mar. 15, 2021) U.S. Court of Appeals Tenth Circuit To the extent that Goldberg brings a legal challenge, this court has held that an alert, as opposed to a final indication, is sufficient to establish probable cause. See Moore, 795 F.3d at 1232 (“We have held that an alert, or a change in a dog’s behavior in reaction to the odor of drugs, is sufficient to establish probable cause to search a vehicle, and that a final indication is not necessary.”); Parada, 577 F.3d at 1282 This [...]

20 02, 2021

K9 Case Law and the Federal Circuit Court of Appeals – Chain of Command

By Clay Smith|2021-02-20T22:08:51+00:00February 20th, 2021|Federal Circuits|0 Comments

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States of America. It has ultimate (and largely discretionary) appellate jurisdiction over all federal and state court cases that involve a point of federal law. The Court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The United States Court of [...]

7 12, 2020

CA9 – Qualified Immunity Denied – Clearly established precedent person not endangering officers or attempting to flee violated unreasonable seizure

By Clay Smith|2021-02-10T16:33:31+00:00December 7th, 2020|CA9, Federal Circuits, Use of Force|0 Comments

Penaloza v. City of Rialto, 2020 U.S. App. LEXIS 38050 (9th Cir. Dec. 7, 2020) We affirm the denial of qualified immunity as to Officer Jarrod Zirkle (“Zirkle”), Boda’s handler, for the release of Boda onto Goode. Goode was the passenger in a car Zirkle pulled over for an expired registration. The driver initially tried to evade police—leading Zirkle in a chase—but once the car stopped, Goode exited the car and knelt on the ground. Zirkle approached the passenger side of the car with Boda, planning to send Boda into the car to bite the driver, Erick Aguirre. Zirkle feared [...]

4 09, 2020

CA6 – Dog Biting Handcuffed, Nonresisting Suspect is Excessive Force

By Clay Smith|2021-02-09T16:02:03+00:00September 4th, 2020|CA6, Federal Circuits, Use of Force|0 Comments

Hammond v. County of Oakland, 2020 U.S. App. LEXIS 28285 (9th Cir. Sept. 4, 2020) A police dog bit plaintiff while he was handcuffed and on the ground. That’s excessive force if a jury believes it was gratuitous. Qualified immunity denied. Hammond v. County of Oakland, 2020 U.S. App. LEXIS 28285 (9th Cir. Sept. 4, 2020): The next segment came when Cadotte ordered Odin to bite Hammond after the deputies had handcuffed him. We have held that police violate the Fourth Amendment when they order a dog to bite a suspect who posed no threat to the officers’ safety and [...]

29 05, 2020

CA6 – Duration of K9 Bite as Reasonable Force

By Clay Smith|2021-02-09T16:02:32+00:00May 29th, 2020|CA6, Federal Circuits, Use of Force|0 Comments

Zuress v. City of Newark, 2020 U.S. App. LEXIS 17134 (6th Cir. May 29, 2020): The second alleged unreasonable use of force was the delay in stopping the dog bite after plaintiff had been subdued. We have acknowledged that it is possible for “a delay in calling off [a police] dog . . . [to] rise to the level of an unreasonable seizure.” Greco v. Livingston Cty., 774 F.3d 1061, 1064 (6th Cir. 2014). But the facts here do not support a Fourth Amendment violation. Once defendant and the dog made physical contact with plaintiff, there were about five seconds [...]

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