Does a police dog sniffing of a vehicle during a traffic stop constitute a Fourth Amendment search?

California, United States of America


The following excerpt is from People v. Van Vo, F066758 (Cal. App. 2014):

The sniffing of the area around the vehicle by the narcotics canine did not constitute a Fourth Amendment search. A dog sniff conducted during a lawful traffic stop that reveals no information other than the location of a substance that "no individual has any right to possess" does not violate the Fourth Amendment. (Illinois v. Caballes (2005) 543 U.S. 405, 409.) We reject Vo's contention that because he had a marijuana recommendation, the dog sniff constituted an unlawful search.

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