Fourth Amendment: Drug Dogs on a Driveway
53 Am. Crim. L. Rev. Online 23
Police departments commonly use drug dogs to detect the presence of illegal narcotics. In a recent case, United States v. Beene, the Fifth Circuit held that the use of a dog to find narcotics within a car parked in the defendant’s driveway was not a search. The Fifth Circuit erred in its reasoning. The scenario in Beene constituted a search, and the Supreme Court should evaluate the Fifth Circuit’s decision.