Curbing the Dog: Extending the Protection of the Fourth Amendment to Police Drug Dogs
The purpose of this Article is to reexamine the analytical reasoning behind Justice O'Connor's conclusion that a drug dog is "sui generis." Part II of this Article revisits the Place decision and the case law which has extended Place. Part III examines the drug dog in terms of the accuracy of Justice O'Connor's three-prong analysis which served to place a dog sniff outside the reach of the Fourth Amendment. Parts other persons-subjects historically deserving Fourth Amendment protection-should follow the Place doctrine. This Article concludes by suggesting that the Place analysis was based upon a foundation of sand, and not only should Place not be extended, it should be over- turned, thereby allowing traditional Fourth Amendment standards to control the use of drug dogs
Police Drug Dogs
Place of Original Publication
Nebraska Law Review
85 Nebraska Law Review 735 (2007)
Katz, Lewis R., "Curbing the Dog: Extending the Protection of the Fourth Amendment to Police Drug Dogs" (2007). Faculty Publications. 702.