State v. Nguyen
2013 ND 252
| N.D. | 2013Background
- On Nov. 8, 2012, police were dispatched after a tenant reported marijuana odor on the second floor of 2599 Villa Drive South, Fargo.
- On Dec. 9, 2012, narcotics and canine officers, with Earl the drug-sniffing dog, conducted a nonuniform sweep of the building to pursue the odor.
- Access to the building is restricted; common hallways are shared but accessible to tenants, guests, landlords, and others with legitimate access.
- The officers’ canine sweep led to probable cause for a search warrant based on Earl’s alert at unit 214, which was executed on Dec. 12, 2012 and produced marijuana, paraphernalia, and cash.
- Nguyen was charged Jan. 28, 2013 with possession of marijuana with intent to deliver and drug paraphernalia; he moved to suppress the evidence, contending the sweep violated the Fourth Amendment.
- The trial court granted suppression; the State appealed seeking reversal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether canine sniff in a secured common hallway violated Fourth Amendment | State argues dog sniff in common hallway is not a Fourth Amendment search | Nguyen contends the sniff intruded privacy and violated curtilage | Not a search; no Fourth Amendment violation |
| Whether there was trespass on curtilage that violated Fourth Amendment | State asserts no curtilage trespass occurred; entry lawful | Nguyen claims intrusion into curtilage violated privacy | No trespass on curtilage; hallway not curtilage under tests in multifamily dwellings |
| Whether information revealed (drug presence) by dog sniff is protected | Information limited to contraband; less intrusive | Still an intrusion into privacy beyond mere contraband | No protected privacy interest; sniff limited to presence of narcotics |
Key Cases Cited
- Katz v. United States, 389 U.S. 347 (1967) (privacy expectations require a reasonable expectation of privacy)
- Illinois v. Caballes, 543 U.S. 406 (2005) (dog sniff during lawful stop; not a search when no privacy invasion)
- United States v. Place, 462 U.S. 696 (1983) (canine sniff reveals only presence of narcotics; limited intrusion)
- United States v. Jacobsen, 466 U.S. 109 (1984) (chemical testing of discarded parcel; information about contraband only)
- Jardines v. People, 133 S. Ct. 1409 (2013) (drug-sniffing dog on curtilage constitutes a search)
- United States v. Dunn, 480 U.S. 294 (1987) (curtilage factors for determining privacy expectations)
- State v. Mittleider, 2011 ND 242, 809 N.W.2d 303 (2011) (test for reasonable expectation of privacy in nondomestic spaces)