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Cabelles' well-trained dog?

By John Wesley Hall, Jr.

How does government show the proverbial well-trained dog under Caballes? An uncontradicted affidavit is enough. Perfection is not required. United States v. High Wolf, 2008 U.S. Dist. LEXIS 62190 (D. S.D. August 11, 2008): First, where High Wolf's vehicle was properly stopped for a traffic violation, the use of Officer Waln's dog to sniff around the exterior of the car for contraband could occur, even in the absence of any suspicion of drug activity. Illinois v. Caballes, 543 U.S. 405, 409-10 (2005) (relying on United States v. Place, 462 U.S. 696, 707 (1983)). The court in Caballes permitted the use of a drug dog under such circumstances because it did not "expose non-contraband items that otherwise would remain hidden from public view." Caballes, 543 U...continue to full post

Full post as published by Fourth Amendment on August 17, 2008 (boomark / email).