Clay Smith, Author at Drugbeat

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 [...]

24 04, 2024

KY: Testimony not supported by video – motion to suppress granted

By Clay Smith|2024-07-29T18:18:24+00:00April 24th, 2024|Kentucky, Narcotics Detection, State Court, Vehicle Sniffs|0 Comments

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 [...]

9 04, 2024

IOWA: Drug dog nose entering vehicle (4 to 6 inches) prior to “final alert” was a search.

By Clay Smith|2024-07-29T18:32:15+00:00April 9th, 2024|Iowa, Narcotics Detection, State Court, Vehicle Sniffs|0 Comments

United States v. Malachi Patton Handley N.D. Iowa, Cedar Rapids Division Ok guys and gals, this one is a bit confusing but some key take-a-ways for Iowa. The entry of the nose was ruled a search without probable cause. However, the evidence was not suppressed here. "The Court agrees with Judge Roberts that the police officers in this case did not violate defendant's Fourth Amendment rights deliberately, recklessly, or with gross negligence. Also, although called into question by the Eighth Circuit, Lyons remains good law, and a reasonable officer could rely on Lyons' holding: "Absent police misconduct, the instinctive actions [...]

13 03, 2024

AR Arkansas: Computer crash losing drug dog’s performance record doesn’t doom search

By Clay Smith|2024-07-29T18:41:55+00:00March 13th, 2024|Arkansas, Narcotics Detection, State Court|0 Comments

AR Arkansas: Computer crash losing drug dog’s performance record doesn’t doom search The loss of the drug dog’s performance record from a computer crash didn’t make the dog’s alert on the highway unreasonable because those records are of marginal importance. The circuit court resolved credibility questions. Whiting v. State, 2024 Ark. App. 176 n.2, 2024 Ark. App. LEXIS 179 (Mar. 13, 2024). The team had also recently certified and the court made reference to this fact as well.

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)

19 12, 2023

NY: New York Dog sniff of the person is a search

By Clay Smith|2024-07-29T18:36:50+00:00December 19th, 2023|Narcotics Detection, New York, Person, State Court|0 Comments

People v. Butler State of New York A dog sniff of the person is a search. There is a greater zone of privacy for the person than an inanimate object. People v. Butler, 2023 NY Slip Op 06468, 2023 N.Y. LEXIS 2023 (Dec. 19, 2023), aff’g and remanded, 196 A.D.3d 28, 148 N.Y.S.3d 286 (3d Dept 2021)):

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 [...]

5 02, 2021

Arkansas – Can I search a passenger subsequent to a K9 Alert (or other PC)?

By Clay Smith|2021-02-05T20:40:14+00:00February 5th, 2021|Arkansas, State Court, Vehicle Sniffs|0 Comments

Arkansas Rules of Criminal Procedure 14.1 - Vehicular Searches (a) An officer who has reasonable cause to believe that a moving or readily movable vehicle is or contains things subject to seizure may, without a search warrant, stop, detain, and search the vehicle and may seize things subject to seizure discovered in the course of the search where the vehicle is: (i) on a public way or waters or other area open to the public; (ii) in a private area unlawfully entered by the vehicle; or (iii) in a private area lawfully entered by the vehicle, provided that exigent circumstances [...]

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