Ep. #366: Can you search occupants based on k9 alert alone?

📌 Actions of drug-sniffing canine in twice alerting police officers to inside of vehicle which had stopped at checkpoint provided probable cause necessary to arrest driver of vehicle under Fourth Amendment.
- United States v. Anchondo, 156 F.3d 1043 (10th Cir. 1998)

📌 The decision in Anchondo has been held to stand for the proposition that a positive alert given by a drug dog followed by a negative search of the vehicle results in probable cause to search the driver of the vehicle. Whitehead v. Com., 278 Va. 300, 316, 683 S.E.2d 299, 306 (2009) (citing Anchondo,156F.3dat1045). However, Anchondo can be distinguished from the instant case in that in **124Anchondo there was no indication whether defendant was inside the motor vehicle when the drug dog made the positive alert. Further, the positive alert was made on defendant's own motor vehicle, which is distinguishable from the instant case, in where defendant was merely a passenger.
- State v. Smith, 222 N.C. App. 253, 257, 729 S.E.2d 120, 123–24, writ denied, review denied sub nom.State v. Hicks, 366 N.C. 410, 735 S.E.2d 190 (2012)

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