STORAGE UNIT SNIFFS:
Summary:
Storage units (lockers) have become very popular as “stash houses” and afford the opportunity for a canine sniff.
Using a narcotic detector dog to conduct a canine sniff of the exterior of a storage unit, is not a search. You must have permission from the storage unit owner or agent to conduct the sniff.
A) United States v Venema (563 F. 2d 1003 (1977) Tenth Circuit
Police officers’ use of a narcotic detector dog to sniff the air outside of a storage unit locker was not a search, in view of the fact that the area in front of the locker was at least semi-public and officers brought dog on premises with consent of the owner of the storage company.
B) United States v Ayala (887 F. 2d 62 (1989) Fifth Circuit
This evidence linked defendant to, and supported conviction for, conspiracy to possess and distribute marijuana:
• Defendant was linked to self-storage facility unit to which narcotics dog alerted to;
• Agents discovered marijuana residue in front of the unit;
• Suitcases stored in the unit were identical to one holding marijuana seized from defendant;
• The defendant accompanied co-defendant to train station.
C) United States v Lingenfelter (997 F. 2d 632 (1993) Ninth Circuit
Canine sniff outside drug suspect’s commercial warehouse storage unit did not constitute a search.
The canine sniff alone can provide probable cause necessary for the search warrant if the application for warrant establishes dog’s reliability.
D) United States v Mahler (141 F. 3d 811 (1998) Eighth Circuit
Police received a tip that narcotics were stored at a storage unit. A narcotics detector dog sniffed the exterior of the units and gave a positive alert.
The search warrants for storage units were supported by probable cause based upon narcotics canine’s positive alert for drugs at the units.
E) United States v Ortega-Jiminez (232 F. 3d 1325 (2000) Tenth Circuit
A narcotics detector dog sniffed the exterior of storage units. The dog gave a positive alert to one unit. Based upon the alert, a search warrant was obtained for the unit.