29 05, 2020

Alabama Court of Appeals – Dog Sniff at Apartment Door Unreasonable and Violation of Jardines

By |2021-02-08T22:35:01+00:00May 29th, 2020|Alabama, Narcotics Detection, Residence, State Court|0 Comments

Earl v. State, 2020 Ala. Crim. App. LEXIS 44 (May 29, 2020) “We consider whether the use of a drug-sniffing dog to sniff the door seams of the apartment was, under the reasoning of Jardines, an illegal search in violation of Earl’s Fourth Amendment right to be free from unreasonable searches. We hold that it was, and that the remaining facts in the affidavit did not show probable cause to issue a search warrant for the apartment. We reverse and remand.” Earl v. State, 2020 Ala. Crim. App. LEXIS 44 (May 29, 2020): We agree with the reasoning of the [...]

29 05, 2020

Alabama Court of Civil Appeals – $52,560 – Dog Alert without Presence of Drugs Fails to Support Asset Forfeiture

By |2021-02-10T16:34:56+00:00May 29th, 2020|Alabama, Narcotics Detection, State Court, Vehicle Sniffs|0 Comments

Martinez-Camacho v. State, 2019 Ala. Civ. App. LEXIS 102 (Aug. 2, 2019) Based on the precedents described above, we are not persuaded by the State's argument based on Agee, Wherry,$10,000, and Harris, all of which are distinguishable in pertinent respects regarding the relationship between the property and purported drug transactions at issue. The facts in the present case reflect that a drug-detection dog alerted to an unknown narcotic of unknown legality and of unknown quantity, at an unknown specific location (truck or money), in a vehicle where a few stacks of possibly illegally acquired, bound cash were hidden. The only [...]

Go to Top