Whether you are using the K-9 to search or to apprehend, the controlling case law may generally fall under the Use of Force section or Search and Seizure section. I have listed some of the more important cases specifically referring to K-9 use on this page. Many of the cases are not cited online, therefore, no links are available. I have found a useful site that summarizes many cases specifically dealing with K-9 use. The following link will take you to this site:
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United States v. Place, 462 US 696 (1983)-The court determined that the sniffing of personal items of a person in a public place by a dog for the purpose of finding contraband was not a "search" under the Fourth Amendment.
United States v. Thomas, 757 F.2d 1359 (2nd Cir 1985)(no link)-The use of a canine to detect odors emanating from an apartment while at a lawful place outside the apartment is still a search requiring probable cause and a warrant. The court emphasized that a person has a higher expectation of privacy in his dwelling than in objects transported through public places (vehicles, baggage, boxes, etc).
State v. Boyce, 723 P.2d 28 (Wash. App. 1986)(no link)-The use of a canine to sniff a person or the objects carried by that person is, "...offensive at best and harrowing at worst to the innocent sniffee," and requires a reasonable suspicion.
United States v. Lovell, 849 F.2d. 910 (5 Cir.)(1988)(no link)-Lovell's luggage was entrusted to a third-party common carrier. The luggage was momentarily removed from the conveyer belt to be sniffed by a drug dog. The court ruled that the removal of the bags from the conveyer belt was "insufficient to constitute a meaningful interference" with Lovell's possessory interest in his bags. The court also stated that Lovell's expectation of privacy did not extend to the airspace surrounding his luggage. The sniffing of the air by a drug dog was not a search.
Indianapolis v. Edmond, 531 US 32 (2000)-It is unconstitutional to set up a checkpoint to detect evidence of ordinary criminal wrongdoing. In this case, the officers were looking for drugs. The officers used canines to sniff vehicles stopped at the roadblock.
Illinois v. Caballes, 000 U.S. 03-923 (2005)-A drug dog can be used to sniff a vehicle for contraband on any traffic stop, if:
The officer is not required to have any facts of a drug violation prior to the sniff occurring.
US v. Mendoza, 05-4299 (10th Cir. 2006)-Trooper Bowles observed two vehicles traveling on a Utah highway. He observed that one of the vehicles had a Minnesota tag and the other one an Arizona tag. Both vehicles appeared to be traveling together. Suspecting that the vehicles might be involved in auto theft or drug trafficking the trooper turned around and followed the vehicles. The trooper stopped Mendoza on traffic after he failed to stop for a stop sign. The trooper smelled air freshener coming from the vehicle. Mendoza also gave inconsistent stories about where was traveling to and the route he was taking, who owned the vehicle, and when it was actually purchased. The trooper observed that Mendoza was very nervous. The trooper believed he had reasonable suspicion to detain Mendoza . The trooper called for a drug dog to come to the scene to check the vehicle for drugs. The drug dog arrived approx. 40 minutes later and searched the vehicle. The dog alerted on the gas tank. The gas tank was packed with methamphetamine. The court ruled that Trooper Bowles had reasonable suspicion to detain Mendoza. The court also ruled that waiting 40 minutes for the drug dog to arrive was reasonable.
