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A police dog’s behavior leads to Supreme Court petition

On Behalf of | Sep 8, 2023 | Criminal Defense

During a routine traffic stop in Idaho, a police dog detected drugs inside a vehicle. As a result, the officers searched the car, leading to the suspect’s arrest on felony drug charges. However, the constitutionality of the search was called into question, particularly concerning the Fourth Amendment. A petition filed with the Supreme Court could lead to a decision that may ripple across the United States, potentially impacting law enforcement practices in Texas and beyond.

Questions center on a police dog

When a driver swerved across three lanes, the police stopped the vehicle. A police dog sniffed drugs, and the police procured a warrant and found a pill bottle and a bag with meth residue, leading to a warrant, search and arrest. However, the dog placed its paws on the vehicle, leading to questions about an unreasonable search.

The Idaho Supreme Court already heard the case and ruled in the convicted defendant’s favor. The decision only affects Idaho law. If the Supreme Court agrees to hear the case, the decision would impact national law.

Illegal searches and seizures

The Fourth Amendment protects people from illegal searches, seizures and abusive police practices. Violations of constitutional rights could play a significant factor in a criminal defense. For example, if the police did not procure a warrant to perform a search, the evidence procured may be inadmissible in court.

The police must have probable cause to stop a vehicle. If law enforcement lacks probable cause and performs a search even with the reasonable suspicion of a crime, the evidence acquired may be inadmissible. Depending on the facts and circumstances, a motion to suppress evidence may lead to a judge’s ruling in the defense’s favor.