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D.Minn.: Drug dog going in open window of vehicle did not violate Fourth Amendment

By John Wesley Hall, Jr.

A drug dog going into an already open window did not violate the Fourth Amendment. Even if that was a potential problem, there already was probable cause at that point. United States v. Williams, 2010 U.S. Dist. LEXIS 12303 (D. Minn. February 1, 2010): Although in the case at hand, Defendant Capers did not consent to a search of her vehicle, her consent was not necessary for the dog sniff conducted on the exterior of the Cavalier. The dog, trained and certified in narcotics detection, then alerted to the passenger door of the vehicle, which created independent probable cause to conduct a search for controlled substances. Moreover, the fact that the passenger window of the vehicle was open, creating an opportunity for the dog to breach the interior of the vehicle, did not render the search unlawful...continue to full post

Full post as published by Fourth Amendment on February 17, 2010 (boomark / email).