The Effect of Legal Hemp on Drug Dog Sniffs (Part II)
Last week, in Part I of this series, I discussed whether having a drug dog sniff a vehicle is a search if the drug dog might alert upon smelling hemp, […]
February 6, 2023
The Effect of Legal Hemp on Drug Dog Sniffs (Part I)
Hemp and hemp products are now legal under state and federal law. Hemp is the same plant as marijuana and contains the same chemical compounds, though in different concentrations. Could […]
January 28, 2016
Update on U.S. Supreme Court’s Ruling in Rodriguez v. United States Concerning Extension of Traffic Stops
Last April, the United States Supreme Court in Rodriguez v. United States, 135 S. Ct. 1609 (2015), significantly limited the scope of a traffic stop. The officer in Rodriguez completed […]
April 22, 2015
Supreme Court Rejects “De Minimis” Extension of a Traffic Stop to Deploy a Drug Dog
Yesterday, the Supreme Court decided Rodriguez v. United States, an important traffic stop case that changes North Carolina law as it pertains to certain drug dog sniffs, and perhaps other […]
March 30, 2015
Drug Dogs and Checkpoints
I’ve had several questions about the role of drug dogs at motor vehicle checkpoints. The details are below, but a quick summary of the law is as follows: (1) Officers […]
January 13, 2015
Drug Dog Legal Update
North Carolina’s appellate courts have recently issued two important opinions on the use of drug dogs, and the United States Supreme Court has granted certiorari in another drug dog case. […]
March 26, 2013
Florida v. Jardines: Bringing a Drug Dog to the Front Porch Is a Search
Today, most Supreme Court watchers are focused on the oral argument in the same-sex marriage cases. But the Court also released an important opinion in Florida v. Jardines, ruling that […]
February 20, 2013
Supreme Court: Alert by a Trained or Certified Drug Dog Normally Provides Probable Cause
Yesterday, the Supreme Court decided Florida v. Harris, holding that when a trained and certified drug dog alerts on a vehicle, that normally provides probable cause to search the car, […]
October 9, 2012
Dog Sniffs of People and the Fourth Amendment
Last week, I wrote about the North Carolina Court of Appeals’ holding in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120 (2012), that a drug dog’s positive alert […]
October 4, 2012
State v. Smith: Dog Alerts and Particularized Suspicion
Last August, the court of appeals in State v. Smith, ___ N.C. App. ___, 729 S.E.2d 120, temp. stay granted, __ N.C. __, 731 S.E.2d 179 (mem.) (2012), decided an […]
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