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case laws
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  • 問題数 22 • 4/4/2024

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  • 1

    An officer obtained consent search for a hall way of an apartment complex. The dog alerted to Whitakers apartment door. The officer gained a search warrant where he found drugs and guns. The court held the apartment hallway is not Curtilage, but a person can still has an expectation of privacy from warrant less dog sniff at his apartment door. The sniff was an unreasonable search in violation of the fourth amendment. Which case law is this.

    US vs Whitaker

  • 2

    The use of a cocaine to detect odors, emanating from an apartment while at a lawful place outside the apartment is still a search requiring probable cause and a warrant. The court emphasize that a person has a higher expectation of privacy in his dwelling, than in objects transported through public places such as vehicles, bags, and boxes. which case law is this

    US vs Thomas

  • 3

    A officer issued Suitt a warning on a traffic stop and release him. The officer continued to ask questions about his travel. The questions were evasive and incomplete. The officer had his canine sniff the exterior of Suitts vehicle and found 32 bales of marijuana. The sniff occurred three minutes after the end of the traffic stop. The questions were not drug interdiction, but traffic related. The officer had reasonable suspicion. which case Law is this?

    US vs Suitt

  • 4

    A canine sniff of the exterior of the vehicle is not a search under the fourth amendment, but if it canine enters the vehicle to sniff, it is a search. In this case the canine jumped through an opened window to a shaving kit where the officer found meth and marijuana. The jump and subsequent sniff inside was not a search of the fourth amendment because the jump was instinctive and not the product of police encouragement. which law is this?

    US vs Sharp

  • 5

    The police were justified in delaying a traffic stop for 45 minutes to run a computer check after it was suspected that the passenger gave me fake ID. The officers acted diligently to minimize the detention and investigation. A drug dog alerted to the trunk and a large quantity of marijuana was found. which case law is this

    US vs Sanchez

  • 6

    A trooper stopped to assist Salgado, whose vehicle had broken down on the side of the road. The trooper developed reasonable suspicion to detain Salgado and call for a dog. The trooper tried to find a close k-9 but could not. He called another Trooper with a K-9 but was 45 miles away, which took him an hour to arrive. The court said the wait was reasonable under the circumstances.

    US vs Salgado

  • 7

    The court rule that a traffi stop absent, reasonable suspicion or consent cannot be extended you for a few minutes after the conclusion of a traffic stop in order to do a canine sniff. In this case the driver was given a warning, but was then asked to remain so the officer can conduct a canine sniff. The driver refused. The officer detained the driver for eight minutes until back up arrived. Drugs were found after the canine alerted. The court ruled that the detention beyond the length of the traffic stop was unreasonable seizure in violation of the constitution.

    US vs Rodriguez

  • 8

    An investigation into the contents of a package does not have to cease just because a canine failed to alert on it.

    US vs Ramirez

  • 9

    The indication of drugs after a sniff from a well-trained drug detection dog is sufficient to establish probable cause

    US vs Race

  • 10

    The court determine that the sniffing of a personal items of a person in a public place by a dog, for the purpose of finding contraband was not a search under the fourth amendment

    US vs Place

  • 11

    A trooper boarded a passenger bus at a truckstop and was given consent to do a drug dog sniff. The trooper removed a bag and ran the dog around it. The dog alerted to Pina’s bag. Trooper located metal cans of peppers. He opened one of the cans and located cocaine. The court held that the baggage falls under the automobile search warrant exception. The search of Pinas bag, and opening it without a warrant it was lawful.

    US vs Pina

  • 12

    It is undisputed that a drug detection team successfully completed all standard training procedures for border patrol that is a canine certified to detect a variety of narcotics such as marijuana, cocaine, heroin, and methamphetamine. A suitcase the canine alerted later turned out to contain PCP. A drug dog was not trained to detect, simply does not violate the agents reasonable suspicion.

    US vs Outlaw

  • 13

    Trooper Bowels observed two vehicles traveling in the same direction, but both vehicles had different tags One from Minnesota and the other from Arizona. Suspecting the vehicles might be involved in an auto theft or drug trafficking. Mendoza failed to stop at a stop sign and the trooper conducted a traffic stop. Upon making contact with Mendoza the Trooper smelled a freshly put car freshener, giving inconsistent stories where he was traveling from in which route, who owned the vehicle when it was purchased. The Trooper gained reasonable suspicion and a canine arrived 40 minutes later. The trooper found the gas tank was packed with methamphetamine. The court ruled that the 40 minutes was reasonable.

    US vs Mendoza

  • 14

    The certification of a police canine is sufficient to establish reliability for a canine to sniff for drugs. Ludwig argued that the canine had 58% reliability in finding drugs. The court would not quantify probably cause. The dogs credentials provide a bright line rule for the officer to rely on.

    US vs Ludwig

  • 15

    Potential currency contamination dues not undermine the significance of a positive dog alert in indicating a fair probability of the presence of a contraband and thus probable cause search

    US vs Kitchell

  • 16

    The court held that taking a canine onto the porch of the defendants home to sniff for drugs inside is a search and requires consent, or a search warrant. The officer entered into the curtilage for evidence gathering purposes in violation of the defendants fourth amendment

    Florida vs Jardines

  • 17

    Narcotics officers boarded a bus after it stopped at the terminal. The officers were given consent to search by the driver. All the passengers were informed the bus was going to be searched, and they could either remain seated or exit the bus. All passengers exited the bus and a canine alerted on a seat where Jackson was seen. Officers pat searched Jackson, and found a belt around his waist full of cocaine

    US vs Jackson

  • 18

    The Florida court erred in requiring the use of the dogs field performance records. These records are unreliable because the records will not show failures to alert when the drugs are presents and show alerts as false alerts when the drugs are not found, but were recently in the area, sniffed. the training and certification setting is more reliable way to determine the dogs reliability the standard for determining probable cause is to use a practical and common sense standard of considering the totality of the circumstances, not the use a rigid rules Bright line test

    Florida vs Harris

  • 19

    A drug dog can be used to sniff a vehicle for contraband on any Traffic stop if The vehicle is lawfully stopped. The sniff occurs within the duration of the time necessary to reasonably conduct the stop. (If the canine officer makes the stop and also conducts the sniff, the extra time will probably violate this requirement) The officer is not required to have any facts of a drug violation prior to sniff occurring

    Illinois vs Caballes

  • 20

    The use of a canine to sniff a person or objects carried by the person, is offensive at best and harrowing at worst to the innocent sniffer, and requires reasonable suspicion

    The state of Washington vs Boyce

  • 21

    Louisiana state troopers stopped Berry, who refused consent. The canine alert in several locations. After searching the trunk nothing was found. 45 minutes later the canine was redeployed to sniff the interior where they located 2.5 pounds of heroin. Berry tried to fight that the traffic stop was extended, but the court held reasonable suspicion due to nervousness handshaking and would avoid eye contact

    US vs Berry

  • 22

    what are the three ways you can search a vehicle?

    visual, odor, and consent