United States v. Edmonds, 2024 U.S. Dist. LEXIS 74570 (E.D. Ky. Apr. 24, 2024)
“In the bodycam footage, Trooper Gabriel told Edmonds that Dragon gave a passive alert to the presence of narcotics in the car, and he explained that meant Dragon would “either sit, or stare, or freeze if he has an indication that there is an odor of narcotics in the vehicle.” Trooper Gabriel told Edmonds that Dragon alerted “right on your driver’s side door handle.” In the dashcam footage, however, Dragon does not sit, stare, or freeze at the driver’s side door of the car.
At the hearing, Trooper Gabriel conceded that Dragon did not sit, stare, or freeze while sniffing Edmonds’ car. He testified, however, that is not actually how Dragon alerts. Instead, Trooper Gabriel testified, the dog alerts by changing his posture and increasing his respiration. He testified the dog’s actions of sitting, staring, or freezing are not an “alert” but rather a “final indication.”
Trooper Gabriel testified that Dragon alerted at the driver’s side door when the dog stopped walking and looked at Trooper Gabriel, his respirations increased, he no longer tried to walk past Trooper Gabriel, and he increased his sniffs up and down the door seam. Trooper Gabriel testified that Dragon did not ever provide a final indication.
The Court has viewed the dashcam and bodycam footage numerous times. The Court can discern no difference in the dog’s posture or respiration when he arrives at the driver’s side of the car for the second time, which is when he allegedly alerted. There is no visible change in his rate of respiration. Throughout the sniff of the car, Dragon followed Trooper Gabriel’s hand. He does not ever attempt to walk past Trooper Gabriel. When Trooper Gabriel moves, Dragon follows. When Trooper Gabriel stops, Dragon stops. This is Dragon’s conduct throughout the dog sniff. The only time Dragon walked ahead of Trooper Gabriel was when Dragon walked to the curb after first being released from his crate and then after Dragon completed the drug sniff and headed back to the state trooper vehicle.
Without a better explanation of how Dragon alerted on the driver’s side door of Edmonds’ car, the Court cannot find that the government has met its burden of showing that Trooper Gabriel had probable cause to search Edmonds’ car without a warrant.”
