359 P.3d 1055
Idaho Ct. App.2015Background
- Police stopped Naranjo's vehicle and ran a certified drug-detection dog around the exterior.
- Naranjo’s driver-side window was open during the sniff; officer directed the dog to the door seam.
- While sniffing the seam, the dog instinctively put its head into the open window, then immediately alerted.
- Officer searched the vehicle and found methamphetamine residue and paraphernalia in the driver-side door panel.
- Naranjo moved to suppress evidence obtained after the dog’s entry/sniff, arguing the dog’s brief entry into the open window was an unconstitutional search; the district court denied suppression and denial was appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the dog’s brief entry into an open car window converted an exterior sniff into a Fourth Amendment search | Dog’s spontaneous entry and interior sniff exceeded the scope of a lawful exterior sniff and amounted to a warrantless search | Dog acted instinctually, police did not facilitate entry, so the dog’s conduct did not constitute a search | No search: court affirmed denial of suppression because dog’s instinctive entry without police facilitation did not trigger Fourth Amendment protection |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (warrantless vehicle searches permitted when probable cause exists)
- Illinois v. Caballes, 543 U.S. 405 (exterior drug-dog sniff of a vehicle is not a search)
- State v. Tucker, 132 Idaho 841 (Idaho case recognizing reliable dog alert on vehicle exterior supplies probable cause)
- United States v. Sharp, 689 F.3d 616 (6th Cir.) (dog jumped through open window without police facilitation; no search)
- United States v. Pierce, 622 F.3d 209 (3d Cir.) (dog’s interior migration from exterior sniff was natural and not a search)
- United States v. Lyons, 486 F.3d 367 (8th Cir.) (dog entered open window without police encouragement; no search)
- United States v. Stone, 866 F.2d 359 (10th Cir.) (dog entered hatchback without police facilitation; no search)
- United States v. Winningham, 140 F.3d 1328 (10th Cir.) (distinguishing case where police opened door and facilitated dog entry; that was a search)
- United States v. Hutchinson, 471 F. Supp. 2d 497 (M.D. Pa.) (dog followed odor into car without officer facilitation; no search)