Oregon Law Review : Vol. 88 No. 3, p. 829-904 : Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home

Show full item record

Title: Oregon Law Review : Vol. 88 No. 3, p. 829-904 : Has the Fourth Amendment Gone to the Dogs?: Unreasonable Expansion of Canine Sniff Doctrine to Include Sniffs of the Home
Author: Lunney, Leslie A.
Abstract: Despite the visceral offensiveness of potential dragnet or selective police investigations involving the home, all lower federal courts that have considered the issue, aside from the U.S. Court of Appeals for the Second Circuit, have concluded that a canine sniff of a private home is not a “search” under the Fourth Amendment. Therefore, no warrant, or even suspicion, is required to perform the canine sniff. This Article challenges the legitimacy of that conclusion and argues that a canine sniff of a private residence—a location that is afforded stringent Fourth Amendment protection—is a “search” within the meaning of the Fourth Amendment.
Description: 76 p.
URI: http://hdl.handle.net/1794/10807
Date: 2009


Files in this item

Files Size Format View
lunney.pdf 332.1Kb PDF View/Open

This item appears in the following Collection(s)

Show full item record