"Drug-sniffing dog outside an apartment isn’t a ‘search’, MN Supreme Court rules"

Monday, August 20, 2018

From Minnesota Public Radio, via the NACDL news scan:

While a person’s home can be considered constitutionally protected, the Supreme Court said today, an apartment hallway is not, even if the dog had to sniff at the seam of Edstrom’s door to smell the drugs.

Writing for the majority (see opinion), Chief Justice Lorie Gildea said the essential question of the expectation of privacy in the hallway is whether the device police used — in this case: a dog — is “’capable of detecting lawful activity’” as well as illegal activity,” Gildea said in citing a U.S. Supreme Court decision.

http://lawprofessors.typepad.com/crimprof_blog/2018/08/drug-sniffing-dog-outside-an-apartment-isnt-a-search-mn-supreme-court-rules.html

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"Drug-sniffing dog outside an apartment isn’t a ‘search’, MN Supreme Court rules" curated from CrimProf Blog