Who Let the Dogs Out? Drug Dogs in Court

Abstract

The canine has become a vital component in the ‘war on drugs’ due to its ability to detect the faintest of smells. With the increased use of canines in law enforcement, search and seizure issues are being examined by courts across the nation in an attempt to define the limits of the canine sniff. Courts have indicated that under certain circumstances, the canine sniff infringes upon a person’s Fourth Amendment right to be free from unreasonable searches and seizures, while under other circumstances, the canine sniff is not considered a search. This paper examines the use of drug dogs and reviews judicial opinions on canine sniffs of persons, residences, and vehicles.

Keywords:

• War on Drugs
• Canine Sniff
• Plain View Doctrine
• Fourth Amendment

Additional information

Notes on contributors

Jennifer Ashley

Jennifer Ashley received her MA in Criminal Justice from Boise State University, and is currently working in the Research Division of the Idaho Department of Corrections.

Simon Billinge

Simon Billinge received his BA in Criminal Justice from Boise State University, and is a law student at Northeastern University School of Law.

Craig Hemmens

Craig Hemmens received a JD from North Carolina Central University School of Law and a PhD in Criminal Justice from Sam Houston State University. He is a professor in the Department of Criminal Justice, Academic Director of the Paralegal Studies Program, and Director of the Honors College at Boise State University, where he has taught since 1996.