5 N.W.3d 870
Wis. Ct. App.2024Background
- Ashley Campbell was stopped by law enforcement for minor traffic infractions (no front plate, passenger not wearing seatbelt) in Sawyer County, Wisconsin.
- While citations were being prepared, a second officer arrived with a trained drug-detection canine and ordered both occupants out of the vehicle, leaving the driver’s side door open.
- The canine, under its handler's control on a leash, twice entered the interior of the vehicle through the open door and alerted to a purse, which on search contained marijuana.
- Campbell filed a motion to suppress, arguing the canine’s warrantless entry and search of her vehicle violated her Fourth Amendment rights.
- The trial court denied the motion, applying an "instinct exception" to the warrant requirement, and Campbell was convicted after pleading no contest. She appealed.
Issues
| Issue | Plaintiff’s Argument | Defendant’s Argument | Held |
|---|---|---|---|
| Whether canine entry into the car was a “search” | Argued canine entry was a warrantless search. | Did not contest that canine entry was a search. | The canine’s entry was a search under the Fourth Amendment. |
| Whether an exception to the warrant requirement applied | No exception applied; search was unlawful. | “Instinct exception” made search constitutional. | No recognized exception applied, including "instinct exception." |
| Application of the “instinct exception” in Wisconsin law | Exception does not excuse officer-assisted entry. | Exception applies if canine acts without direction. | Exception would not apply where officer facilitated canine entry. |
| Suppression of evidence obtained from canine’s search | Evidence must be suppressed as fruit of illegal search. | Evidence lawfully obtained under exception. | Evidence must be suppressed; conviction reversed. |
Key Cases Cited
- United States v. Jones, 565 U.S. 400 (2012) (physical intrusion into a vehicle to obtain information is a search under the Fourth Amendment)
- Florida v. Jardines, 569 U.S. 1 (2013) (entry into constitutionally protected area by a canine is a Fourth Amendment search)
- Illinois v. Caballes, 543 U.S. 405 (2005) (canine sniff of vehicle’s exterior is not a search; but does not address entry into interior)
- State v. Tullberg, 359 Wis. 2d 421 (2014) (searches without a warrant are presumptively unreasonable)
- State v. Arias, 311 Wis. 2d 358 (2008) (applying Caballes to Wisconsin Constitution)
- State v. Houghton, 364 Wis. 2d 234 (2015) (traffic stop constitutional under proper circumstances)