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Drug Dog's Romping Through Car Not a Constitutional Violation

By Shari Allison

U.S. v. Lujan, No. 09-2193 & 09-2194 (10/12/10) (N.M.) (unpub'd) - It was not a 4th Amendment violation when a drug dog leaped into a car through an open front passenger door and then into the back seat and then back out towards the open door and then alerted to the floor board. The officer did not improperly facilitate the dog's entry. The defendant had left the door open after looking for the registration documents in the glove compartment. It didn't matter [and apparently it would never matter in any case] that the officer knew the dog had done a similar thing once before. And because the 10th has to review the record in the light most favorable to the prevailing party, the 10th would not hold it against the officer that he didn't try to call the dog back from the car...continue to full post

Full post as published by Tenth Circuit Blog on October 19, 2010 (boomark / email).