No. 22-1226
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
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
Reply of petitioner Idaho filed. (Distributed)
2023-09-06
DISTRIBUTED for Conference of 9/26/2023.
2023-08-21
Brief of respondent Kirby Dorff in opposition filed.
2023-08-21
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 Cooley — Idaho State Appellate Public Defender, Respondent
Eric Don Fredericksen — ldaho State Appellate Public Defender, Respondent
State of Idaho
Kenneth K. Jorgensen — Off of Attny Gen - State of ID, Petitioner