Case Law

Question 1

What are the 3 prongs to Graham v. Connor?

Answer 1

Severity of the Crime
Active resistance or fleeing
Imminent danger to public or officers

Question 2

Under Graham v. Connor explain the Reasonable Officer standard.

Answer 2

This standard is applied to determine whether the officer’s actions were objectively reasonable

The officer is judged on their actions based upon what another reasonable officer would have done under the same circumstances

Question 3

Explain 20/20 hindsight

Answer 3

Judgement based on the facts the officer knew at the time the force was used.

Facts discovered after the incident are not used to judge the officers actions because the officer may not have known those facts at the time.

Question 4

Explain Tennessee v. Garner

Answer 4

Allows an officer to shoot a fleeing felon in the back if:

Person poses a risk of death or serious bodily injury to public/officers

That person is a violent felon

Question 5

Discuss the facts of the Chew v. Gates case law

Answer 5

Chew fled from a traffic stop prior to a pat frisk from the officer

Chew had ran into a junkyard and continued to resist arrest by not surrendering

It was later determined Chew had 3 active felony warrants

Officer set up a perimeter and called for a K9 to track

The K9 searched, located and seized Chew resulting in a K9 bite.

Chew alleges upon learning the k9 was being used he had attempted to surrender

Question 6

In Chew v. Gates what did the court look at regarding the department policy? What were their findings?

Answer 6

K9 policy was reviewed at the department and the court found the policy was correct in stating the K9 is trained to search, find, and seize suspects.

Question 7

In Chew v. Gates how did the court rule?

Answer 7

The court held the use of a police, K9 to apprehend Chew did not violate his rights.

Question 8

How was Graham v. Connor applied in the case of Chew v. Gates?

Answer 8

The court utilized the 3 prong test:

• Chew had 3 active felony warrants
• Immediate threat to officer’s safety, Chew was not checked for weapons and was hiding in an area containing several places to hide
• Chew fled and hid from officers for nearly 2 hours. He both fled and showed continued resistance.

Question 9

What case did the courts cite in Chew v. Gates regarding the amount if force used by a K9.

Answer 9

Robinette v. Barnes

Question 10

What did Robinette v. Barnes state?

Answer 10

Use of a properly trained K9 to apprehend a felony suspect does not carry a “substantial risk of causing death or serious bodily harm”

Question 11

What was the finding in Rodriguez v. US?

Answer 11

Court held a traffic stop cannot be extended, absent any RAS or consent, for the purposes of conducting a K9 sniff

the court also held detention beyond the traffic stop is unreasonable

Question 12

What were the facts pertaining to Rodriguez v. US

Answer 12

Officer conducted a traffic stop and after the stop concluded asked driver for consent to run his k9 around the vehicle.

Officer ran out of time and concluded his traffic stop with the driver

Officer asked driver for consent to use his dog to sniff vehicle.

Driver denied consent prior to sniff and after traffic stop had concluded

officer detained him until cover unit arrived, k9 alerted and meth was found

Question 13

What was the ruling of Illinois v. Caballes

Answer 13

Court held the K9 can be used to sniff a vehicle if:

Vehicle is lawfully stopped

Sniff occurs within duration of the reasonable time necessary to conduct the stop

Question 14

Regarding privacy interest, what did the court find in Illinois v. Caballes?

Answer 14

Court found there is no legitimate privacy interest in illegal substances

Question 15

Discuss the facts of Idaho v. Howard

Answer 15

K9 conducted a sniff on a lawfully stopped vehicle.

K9’s nose protruded past the threshold of the window

K9 alerted to narcotics in the vehicle

Question 16

What did the court find in Idaho v. Howard

Answer 16

Court ruled that the activity by the K9 is conducted for the purpose of obtaining information.

Court found the protrusion of the nose constitutes a trespass therefore the search was invalid

Question 17

What is important about US v. Race

Answer 17

this establishes probable cause after a well trained drug detection K9 alerts to the indication of drugs

Question 18

What are the facts in US v. Thomas

Answer 18

The K9 was used to obtain a search warrant on a residence after an officer utilized the K9 to alert to the residence

Question 19

What did the court say about a person’s right to privacy in their home under US v. Thomas

Answer 19

Court held a person has a higher expectation of privacy in their home

Question 20

What was the courts ruling for US v. Thomas

Answer 20

The court held the use of a K9 to detect odors emanating from an apartment while at a lawful place outside still constitutes a search under the 4th amendment

It requires PC and a warrant to conduct

Question 21

What is the handler required to provide under Kuha v. City of Minnetonka

Answer 21

A handler must give warning prior to the release of a K9 apprehension

The court found it was unreasonable and only permitted to forego under unusual circumstances

Question 22

How did the court rule in Florida v. Jardines?

Answer 22

This case law held that taking a canine onto the porch of a defendant’s home violated their 4th amendment rights.

Because the canine is used for evidence gathering purposes the actions of the officer violated the homeowners 4th amendment rights

Question 23

Explain Florida v. Harris

Answer 23

Records pertaining to the K9’s field performance are unreliable because it will not show failures or false alerts

Training and certification setting is the most reliable way to determine a the dog’s reliability

Question 24

What was the finding in US v. Ludwig

Answer 24

Certification of a police k9 is sufficient to establish reliability for k9 to sniff drugs.

the dog’s credentials provide a bright-line rule for the officer to rely on

Question 25

What did the court find in US v. Owens

Answer 25

Even if dog failed to pass 2 previous certifications, if it was certified at the time of the sniff and the handler and training supervisor testified to its reliability than the dog was reliable to support a finding of pc

Question 26

What was found in US v Stone

Answer 26

Instinctive actions by the k9 do not violate the 4th amendment

Question 27

Explain the Carroll doctrine

Answer 27

Allows police to search a vehicle absent a warrant if there is pc to believe the vehicle contains contraband or evidence

The search is based on the exigent circumstances that a vehicle stopped on a traffic stop could be quickly moved out of the jurisdiction of the investigating agency

Question 28

Explain US v Barnes

Answer 28

states it is reasonable for the officer to remove the passenger from the vehicle to conduct a k9 sniff.

Derives from Maryland v. Wilson

Question 29

What did the court find in Mendoza v. Block?

Answer 29

Court found qualified immunity for officers.

They ruled the use of a k9 was reasonably used and the bite was objectively reasonable

They also ruled the belief Mendoza was armed posed a threat to officers and the private property owners

Question 30

Explain the facts of Mendoza v Block

Answer 30

Mendoza fled from a robbery and was believed to be armed

He abandoned a vehicle, fled on foot, and hid in bushes on private property

K9 was used to locate Mendoza and several announcements were given

K9 located and bit Mendoza twice after he struggled with the dog

Question 31

Apply the 3 prong test to Mendoza v Block

Answer 31

Severity of crime- Felonious robbery

Immediate threat to officers and others- Mendoza was believed to be armed, his hiding in bushes posed a threat to officers and the fact he was on private property was reasonable to assume he was a danger to the property owners

Active resistance and fleeing- Mendoza fled from officers and continued to resist arrest by hiding and fighting the K9