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Wednesday, December 22, 2004

Breaking Case News: Maryland High Court Holds Canine Sniff at Door of Residence Is Not a Search

German_shepardThe Maryland Court of Appeals, the state's highest court, recently held in Fitzgerald v. State (also here) that a canine sniff of the front door of an apartment is not a search and thus does not implicate the Fourth Amendment.   In doing so, the court held that U.S. v. Karo and Kyllo v. U.S. do not require sniffs of homes to be treated differently than sniffs of luggage.  Courts are currently split on this issue, but the Maryland court's position joins the majority.  For a list of cases that hold a canine sniff of the exterior of a residence implicates the Fourth Amendment, click here.  [Mark Godsey]

http://lawprofessors.typepad.com/crimprof_blog/2004/12/breaking_case_n_6.html

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Comments

All the links in that post are to password-required sites. I'm sure your sign-on information is stored in your browser, so the pages come right up, but not everyone has Westlaw or BNA access.

May I suggest Findlaw links? Like this:

http://caselaw.lp.findlaw.com/data2/marylandstatecases/coa/2004/8a04.pdf

Posted by: carpundit | Dec 22, 2004 11:43:33 AM

Thanks for the good suggestion. I'll try to start incorporating some alternative links. Happy holidays.

Posted by: Mark Godsey | Dec 23, 2004 4:53:06 AM

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