Curbing the Dog: Extending the Protection of the Fourth Amendment to Police Drug Dogs


Lewis R. Katz


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

Publication Date


Document Type


Place of Original Publication

Nebraska Law Review

Publication Information

85 Nebraska Law Review 735 (2007)

This document is currently not available here.


COinS Lewis R. Katz Faculty Bio