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E.D.Wis.: Use of a drug dog during a search warrant of a house did expand it

By John Wesley Hall, Jr.

Surveying the case law [well worth reading], the court concludes that Caballes did not bar the use of a dog inside the home during the execution of a search warrant did not expand the warrant. Also, the occupants were present and the dog did not menace anyone. United States v. Jones, 2011 U.S. Dist. LEXIS 10820 (E.D. Wis. January 26, 2011): Ultimately, as Caballes and the other cases cited above confirm, the touchstone is reasonableness, and I find that the officers acted reasonably in the present case. The dog was present inside the home for just fifteen minutes and thus did not extend the duration of the search; he "searched" only those areas in which the items listed on the warrant could be found and thus did not exceed the authorized scope of the search; and he remained leashed and did not bark at or otherwise menace Haley and her child or damage property inside the home...continue to full post

Full post as published by Fourth Amendment on February 08, 2011 (boomark / email).