How have the appellants argued that the use of a trained German Shepherd dog, Meisha, in a search and seizure pursuant to the Fourth Amendment?

The appellants' first contention is that the law enforcement officers' action which we have described constituted a warrantless search and seizure "without probable cause in the use of a trained German Shepherd dog." Appellants' argument here hinges upon the proposition that the sniffing, nipping and biting at the luggage by Meisha at the airport was a search within the protection of the Fourth Amendment. This contention, apparently made for the first time to a district court in this circuit, was described as "nonsense" below and termed "frivolous" by the District of Columbia Circuit in United States v. Fulero, 498 F.2d 748 (1974). In that brief opinion it appears that another marijuana detecting dog, "Chief," had sniffed the air around a busline terminal locker room and had discovered the presence of the drug in a footlocker. The court found ample probable cause for the issuance of a search warrant and characterized the conduct of the police as "a model of intelligent and responsible procedure." ²