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Search and Seizure – Use of Drug Detecting Dog – Motion to Suppress

By: Derek Hawkins//April 18, 2016//

Search and Seizure – Use of Drug Detecting Dog – Motion to Suppress

By: Derek Hawkins//April 18, 2016//

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7th Circuit Court of Appeals

Case Name: United States of America v. Lonnie Whitaker

Case No.: 14-3290; 14-3506

Officials: WOOD, Chief Judge, HAMILTON, Circuit Judge, and DARRAH, District Judge

Focus: Search and Seizure – Use of Drug Detecting Dog – Motion to Suppress

Motion to suppress denial is reversed

“The use of a drug-sniffing dog here clearly invaded reasonable privacy expectations, as explained in Justice Kagan’s concurring opinion in Jardines. The police in Jardines could reasonably and lawfully walk up to the front door of the house in that case to knock on the door and ask to speak to the residents. The police were not entitled, however, to bring a “super-sensitive instrument” to detect objects and activities that they could not perceive without its help. 133 S. Ct. at 1418. The police could not stand on the front porch and look inside with binoculars or put a stethoscope to the door to listen. Similarly, they could not bring the super-sensitive dog to detect objects or activities inside the home. As Justice Kagan explained, viewed through a privacy lens, Jardines was controlled by Kyllo, which held that police officers conducted a search by using a thermal-imaging device to detect heat emanating from within the home, even without trespassing on the property. 133 S. Ct. at 1419.”

Reversed denial of Motion to Suppress and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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