k9caselaw Archives

17 12, 2024

NC: K9 Alert on vehicle did not justify search of person

By Clay Smith|2025-01-28T19:26:52+00:00December 17th, 2024|Narcotics Detection, North Carolina, Person, State Court|0 Comments

State v. Stollings, 2024 N.C. App. LEXIS 1006 (Dec. 17, 2024). "A drug dog alert on defendant’s car isn’t reasonable suspicion to frisk his person." The Case of State v. Stollings: A Critical Analysis of K-9 Use in Evidence Suppression The case of State v. Stollings serves as a pivotal moment in the evolving landscape of K9 case law, particularly in the realm of search and seizure during traffic stops. This case not only highlights the importance of adhering to constitutional standards but also underscores the necessity of clear, credible evidence when employing K9 units. Below, we dissect the key [...]

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 [...]

5 03, 2024

WI Wisconsin: Drug dog’s entering car was trespass, and “instinct exception,” even if it could be recognized, doesn’t apply

By Clay Smith|2024-07-29T18:48:19+00:00March 5th, 2024|Narcotics Detection, State Court, Vehicle Sniffs, Wisconsin|0 Comments

State v. Campbell, 2024 Wisc. App. LEXIS 185 (Mar. 5, 2024) WI: Drug dog’s entering car was trespass, and “instinct exception,” even if it could be recognized, doesn’t apply Drug dog’s twice entering defendant’s car without probable cause was a common law trespass under Jones and Jardines, and the police unlawfully gained information from that. The court rejects the “instinct exception” for the dog on the facts here, even if the state would recognize it. State v. Campbell, 2024 Wisc. App. LEXIS 185 (Mar. 5, 2024) Entry of K9 found to be facilitated by handler in addition to court disagreement [...]

4 03, 2024

GA Georgia: Officer didn’t have to distinguish between smell of MJ, hemp, and CBD to have PC to search car

By Clay Smith|2024-07-29T18:49:38+00:00March 4th, 2024|Georgia, State Court|0 Comments

Under existing precedent, the smell of suspected marijuana couldn’t be distinguished between hemp and CBD, and that was still probable cause for search of the car. Coverstone v. State, 2024 Ga. App. LEXIS 90 (Mar. 4, 2024)

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