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N.D.Iowa: Failure of drug dog to alert does not nullify existing reasonable suspicion

By John Wesley Hall, Jr.

The officer had reasonable suspicion for the detention from the CI’s first hand accounts, and the information was not stale. A drug dog’s failure to alert does not undo reasonable suspicion. United States v. Hanson, 2010 U.S. Dist. LEXIS 26189 (N.D. Iowa March 19, 2010): United States v. Lakoskey, 462 F.3d 965, 976-77 (8th Cir. 2006); see United States v. Ramirez, 342 F.3d 1210, 1213 (10th Cir. 2003) ("We will not require investigators to cease an otherwise reasonable investigation solely because a dog fails to alert, particularly when we have refused to require that a dog sniff test be conducted at all."); United States v. Jodoin, 672 F.2d 232, 236 (1st Cir. 1982) (Breyer, J.) (holding that a "dog's failure to react does not ...continue to full post

Full post as published by Fourth Amendment on March 23, 2010 (boomark / email).