What is the test for dog sniffing under the Fourth Amendment?

MultiRegion, United States of America

The following excerpt is from U.S. v. Spetz, 721 F.2d 1457 (9th Cir. 1983):

We have held that dog sniffing, at least in the case of personal luggage, constitutes "a Fourth Amendment intrusion." United States v. Beale, 674 F.2d 1327, 1335 (9th Cir.1982) (Beale I ) 12a. Here, the determining factor is the location in which the sniffing occurred. The container yard through which the dogs were run on December 10th was clearly designated as a customs facility. The customs agents were authorized to run the dogs through the yard because it was a customs area where goods were placed immediately upon their removal from ships arriving from foreign ports. 13 At the time the dogs were run, foreign cargo was in the yard. Once the dogs were

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