What is the current state of the law on dog searches in public places?

United States v. Beale , 736 F.2d 1289 (9th Cir. 1984) (en banc) (holding that dog sniff of luggage in a public place is not a Fourth Amendment search). Subsequently, courts have upheld dog searches only when the dogs were in public places or the target of the search was already lawfully detained. See, e.g. , Illinois v. Caballes , 543 U.S. 405, 409, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005) (the "use of a well-trained narcotics-detection dog" during lawful traffic stop does not implicate the Fourth Amendment); United States v. Lingenfelter , 997 F.2d 632 (9th Cir. 1993) (dog sniff of commercial warehouse from public alley did not implicate Fourth Amendment). Hester cites no case extending dog sniff searches beyond those bounds.¹⁰