No. 22-1226

Idaho v. Kirby Anthony Dorff

Lower Court: Idaho
Docketed: 2023-06-21
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: 4th-amendment constitutional-protection drug-detection drug-detection-dog fourth-amendment governmental-conduct law-enforcement lawfully-stopped-car physical-intrusion search search-and-seizure
Key Terms:
FourthAmendment CriminalProcedure Privacy
Latest Conference: 2023-09-26 (distributed 2 times)
Question Presented (AI Summary)

Does a drug-detection dog's physical intrusion on a lawfully stopped car constitute an unreasonable search?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does a drug-detection dog physically intrude upon a constitutionally protected area and therefore conduct an unreasonable search under the Fourth Amendment when it touches the exterior of a lawfully stopped car while sniffing for potential contraband? II. Even if touching the exterior of a lawfully stopped car is a physical intrusion of a constitutionally protected area, are the actions of a drug-detection dog, taken without direction, prompting, or facilitation by officers, attributable to the Government for purposes of the Fourth Amendment?

Docket Entries

2023-10-02
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2023-10-02
Petition DENIED.
2023-09-08
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-08-21
Brief of respondent Kirby Dorff in opposition filed.
2023-08-21
Motion for leave to proceed in forma pauperis filed by respondent Kirby Dorff.
2023-07-26
Response Requested. (Due August 25, 2023)
2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-07-13
Waiver of right of respondent Kirby Dorff to respond filed.
2023-06-16
Petition for a writ of certiorari filed. (Response due July 21, 2023)

Attorneys

Kirby Dorff
Sally Jane CooleyIdaho State Appellate Public Defender, Respondent
Eric Don Fredericksenldaho State Appellate Public Defender, Respondent
State of Idaho
Kenneth K. JorgensenOff of Attny Gen - State of ID, Petitioner