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CA2: Dog sniff in yard violated no REP

By John Wesley Hall, Jr.

Dog sniff outside the home on the curtilage did not violate the Fourth Amendment. All it revealed was a bag outside the house. United States v. Hayes, 2008 U.S. App. LEXIS 26087 (2d Cir. December 24, 2008): We reject Hayes's arguments and his reliance on Thomas and hold that the police canine's act of sniffing for narcotics here did not violate Hayes's "legitimate expectation that information about perfectly lawful activity will remain private." Caballes, 543 U.S. at 410. Thomas is clearly distinguishable from the facts of this case. The contents of the black bag that Kilo [the dog] smelled were not located inside Hayes's dwelling or residence but in brush outside the house, approximately 65 feet from the back door of the residence and bordering an adjoining property...continue to full post

Full post as published by Fourth Amendment on December 28, 2008 (boomark / email).