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September 2013

Sep 2013
04
September 04, 2013

MSC vacates defendant's win in drug-sniffing dog case in favor of remand on whether police reliance on state precedent was reasonable

The Supreme Court vacated a decision from June which reinstated a trial court opinion finding a Fourth Amendment violation.  After a motion for reconsideration, the Supreme Court instead remanded the drug-sniffing dog case to the Court of Appeals.  The Court of Appeals originally reversed the trial court and found the warrantless use of a drug-sniffing dog at the curtilage of a home to be consistent with the Fourth Amendment, based on a published Court of Appeals opinion.

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