Without more, the mere fact of frequent visits to a storage unit does not provide evidence of the “fair probability” that contraband is inside. Terry frisks and other intrusions upon an individual's personal security based on less than probable cause have been allowed not as a middle ground, but instead due to the “special needs” of law enforcement. 2038, 150 L.Ed.2d 94 (2001), the majority also bases its holding on the ground that drug-detection dogs provide information that was “previously unknowable without physical intrusion.”  Kyllo, however, involved a thermal-imaging device that could detect lawful activities within a home in which individuals have an obviously legitimate expectation of privacy. I am also concerned over what today's decision portends for “plain smell” observations made in public or semi-public areas generally. We express no opinion regarding bomb-detection dogs, as to which the special needs of law enforcement might well be significantly greater. ', Beck adds from Ker v. State of California, supra, 374 U.S. 23, 83 S. Ct. 1623, 10 L. Ed. Both Carter and Artis testified. 1879, 1891 (1949), that the rule of probable cause is `a practical, nontechnical conception designed to afford `the best compromise that has been found for accommodating * * * often opposing interests,' and that, `* * * Requiring more would unduly hamper law enforcement. Mrs. Valentine could not see their faces but observed that they were Negroes, that the license plate had a dark background with gold or yellow lettering, and that the rear lights were triangular in shape, tapering toward the center. 1.

Indeed, no part of either statement constituted an admission of guilt or in *445 any way inculpated the other defendant. Appellant also suggests that a drug-detection dog is similar to the “sense-enhancement technology * * * not in general public use” that was held impermissible in Kyllo, in part because the technology provided details that “previously have been unknowable without physical intrusion.”   See Kyllo, 533 U.S. at 34, 121 S.Ct. Subscribe to Justia's Free Summaries Because any interest in possessing contraband is not one that society considers legitimate, a sense-enhancing technique that only reveals the presence of contraband “ ‘compromises no legitimate privacy interest.’ ”  Caballes, 125 S.Ct. amend. United States v. Chadwick, 433 U.S. 1, 7, 97 S.Ct.

Co., 391 U.S. 216, 221-223, 88 S. Ct. 1472, 20 L. Ed. Probable cause existed at both times, and the search, which took place after the second event, was incidental to it. This is particularly true of storage units like appellant's that are equivalent in size to a garage and are large enough to contain a significant number of personal items and even to conduct some personal activities. These decisions are based on United States v. Place, 462 U.S. 696, 707, 103 S.Ct. At issue was whether Defendant's convictions and sentences constituted multiple punishments for the same offense in violation of the Double Jeopardy Clause of the Fifth Amendment. 3092, 49 L.Ed.2d 1000 (1976) and Cardwell v. Lewis, 417 U.S. 583, 590, 94 S.Ct. 447, 148 L.Ed.2d 333 (2000), where the Court held that a dog sniff of a vehicle at a traffic checkpoint was not a search because it “does not require entry into the car and is not designed to disclose any information other than the presence or absence of narcotics.”. Under the approach taken by the majority, an individual may have a legitimate expectation of privacy in a particular space for some purposes but perhaps not for others, and the police and lower courts are provided little guidance in determining whether a particular intrusion into that space constitutes a “search” or not under the Minnesota Constitution. denied, 424 U.S. 945, 96 S.Ct. 1:2-1(c). We note that Wiegand concluded that the dog sniff was not a search but that reasonable, articulable suspicion was required because the vehicle had been “seized” in the traffic stop. In United States v. Place, 462 U.S. 696, 103 S.Ct. Thus, in its form, the evidence was poorly prepared. We have recognized that a citizen's protection against seizures may be greater under article I, section 10, than under the Fourth Amendment. The court of appeals affirmed appellant's conviction. at 838. On June 29, twelve days later, both Artis and Carter testified voluntarily before the Grand Jury after signing appropriate waivers. Compare State v. Larsen, 650 N.W.2d 144, 149 (Minn.2002) (holding that warrantless entry into ice-fishing house violated Fourth Amendment because the structure is “erected and equipped to protect its occupants from the elements and often provid[es] eating, sleeping, and other facilities”). Stated another way, a renter of such a unit must expect that other people will lawfully be in the area outside the unit and will be able to smell plain odors emanating from the unit. A Ramsey County district judge signed the search warrant for the storage unit, authorizing seizure of, among other things, controlled substances and firearms;  the judge also signed the search warrant for appellant's home, authorizing seizure of “keys which may be used to facilitate the distribution of controlled substances,” financial records, documents, mail, and gang-membership indicia. The conclusion that a dog sniff outside a self-storage unit is a search under the Minnesota Constitution requires us to consider what level of police suspicion is required before such a search will be considered reasonable when made without a warrant.

The Court observed that while a heat-sensory device is “capable of detecting lawful activity” inside a house, a dog sniff “reveals no information other than the location of a substance that no individual has any right to possess.”  Id.

Because language used in the Fourth Amendment and Article I, Section 10 of the Minnesota Constitution is identical, we consider the decision of the Supreme Court to be of “inherently persuasive, although not necessarily compelling, force.”   Wiegand, 645 N.W.2d at 132.7. This is particularly true where, as here, the two constitutional provisions are textually identical. By contrast, a dog sniff is limited to revealing only the presence of contraband. Sergeant Capter and his colleague stopped a white car with three Negro occupants. In so holding, we found no sound basis for rejecting the United States Supreme Court's approach, noting that Place “was not a radical or sharp departure from precedent.”  645 N.W.2d at 132. Begin typing to search, use arrow keys to navigate, use enter to select. Whether the arrest occurred when defendants were ordered to drive in the convoy to the tavern or when they were placed in the police van at the tavern is not critical. A jury instruction must be both legally and factually appropriate. 2476, 53 L.Ed.2d 538 (1977). Courts also occasionally consider arrests not resulting in conviction, as when the arrest “involves a crime of the same general nature as the one which the warrant is seeking to uncover.”  Id. The search was for occupants of a white automobile. Subscribe to Justia's Free Summaries The area where the dog sniff was conducted is a semi-public walkway that is accessible to renters of other storage units, the management of the facility, and individuals there by consent. 1402, 103 L.Ed.2d 639 (1989);  New Jersey v. The evidence did not consist of statements signed by defendants. We know only that she and also the surviving patron were unable to identify either defendant, but the testimony does not suggest that either patron was able to say affirmatively that the defendants were not the offenders. I concur in the result reached by the court, but write separately to voice my disagreement with the court's holding that the police need only reasonable, articulable suspicion before conducting a dog sniff outside a storage unit. Decided: June 03, 2009 Court composed of OSWALD A. DECUIR, MICHAEL G. SULLIVAN, and BILLY HOWARD EZELL, Judges. Then Andrew Raymond and Albert Jaquez entered the house, took property, and killed Scott Donaldson. In Wiegand, the location of the dog sniff was a motor vehicle. Commonwealth v. Johnston, 515 Pa. 454, 530 A.2d 74, 78-79 (1987);  McGahan v. State, 807 P.2d 506, 510 (Alaska Ct.App.1991) (extending previous holding that a dog sniff of luggage was a search under state constitution). That after further investigation the same morning the police decided to release defendants does not militate against this view. 500, 248 A.2d 491 (Ct. Spec. Similarly, the Pennsylvania Supreme Court held that requiring police officers to articulate “reasonable grounds” before undertaking a dog-sniff search of a storage unit presents a workable constitutional “middle ground” that balances a person's expectation of privacy against the government's interest in using dogs to detect illegal drugs. The court held that the reasonable suspicion requirement in Wiegand did not apply because it was confined to situations where police officers attempt to “expand the scope or duration of an investigative stop beyond the investigation of an equipment violation that was the cause for the stop.”  State v. Carter, 682 N.W.2d 648, 652 (Minn.App.2004). Four persons had been shot. 1547, 113 L.Ed.2d 690 (1991).

State v. Marshall, 8th Dist. The search occurred at 3:45 A.M., which, we gather, was about 20 minutes *448 after the car had been delivered to headquarters and there impounded.

2038. We cannot say that appellant's criminal record, the report of his frequent visits to his storage units, and his relationship with his brother provide a connection supporting probable cause to search his storage unit. The car was taken by the police to headquarters where it was impounded. Stay up-to-date with FindLaw's newsletter for legal professionals. And because the police did not have such suspicion here, and there was no probable cause to issue the warrant without the results of the dog sniff, we reverse appellant's conviction and grant a new trial. 421, 58 L.Ed.2d 387 (1978);  State v. Licari, 659 N.W.2d 243, 249 (Minn.2003).

Defendants appealed directly to us pursuant to the then rule, R.R. We see no error in that ruling. Defendants were then being interrogated. I, § 10, the reasonableness test involves “a balancing of the government's need to search or seize ‘and the individual's right to personal security free from arbitrary interference by law officers.’ ”   Askerooth, 681 N.W.2d at 365 (quoting United States v. Brignoni-Ponce, 422 U.S. 873, 878, 95 S.Ct.

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