CBP CCEP Handler CASE LAW
Canine Sniff - correct answer-To inhale audible through the nose.
In general, courts have ruled that a canine sniff of an object where the canine is lawfully
allowed to be is not a search.
Case Law: Accidental people sniffs - correct answer-U.S. VS. Garcia- Garcia
-A Suspicionless canine sniff of a vehicle at an immigration checkpoint is legal so long as
there is an ongoing immigration inspection.
- Reasonable suspicion is needed to hold a vehicle longer than the initial inspection.
- A reliable canine alert is sufficient probable cause for a search.
- An unintentional sniff and subsequent alert to a person is not a search
CBP Policy requires that all passengers to be unloaded before an interior sniff of a bus is
conducted.
Case Law: Alert= Probable Cause - correct answer-U.S. VS. Waltzer
- A reliable canine alert is sufficient probable cause for a warrant.
- Canine sniff is neither a search nor seizure under 4th amendment.
- Checked personal luggage may be moved to facilitate a canine sniff.
- Ensure you see contraband first before you arrest
Case Law: Alerts to vehicle interior - correct answer-U.S. V.S. Stone
•A canine alert to the exterior of a vehicle establishes probable cause for a search.
•A canine jumping through an open window or door without command following an alert is
not in violation of the 4th Amendment.
Case Law: Assisting Interior Alerts - correct answer-U.S. VS. Winningham
•When asking for consent to conduct a canine sniff, be specific about the areas you wish to
expose the canine to.
•Limit the number of agents/officers so as not to give the perception of trying to detain
occupants or coerce consent.
•Absent an exterior alert, do not open a vehicle to facilitate the canine sniff.
Case Law: Carried Items - correct answer-Commonwealth of Pennsylvania VS. Martin
- Probable cause is needed to search a person including immediate possession items.
- The canine sniff of a person is a search implicating the 4th amendment.
- You cannot compel persons to relinquish a carried item for the purpose of a canine sniff.
Case Law: Clothing Sniffs - correct answer-U.S. VS. Morales-Cantu
•Agents need reasonable suspicion to perform a roving patrol stop.
•Handlers should respond as expeditiously as possible when answering a call involving a
detention.
•Limit the number of agents/officers so as not to give the perception of trying to detain the
occupants or coerce consent.
, •A canine alert to non-narcotic items may be used with other supportive evidence to tie a
suspect to a narcotics crime.
Case Law: Detaining For Canine Sniff - correct answer-U.S. VS. Taylor
- Reasonable suspicion is needed to detain a person after determining citizenship.
Case Law: Detaining for Canine Sniff - correct answer-U.S. VS. Ventura
- Due to the fact that our canines are trained in the detection of concealed people and
- The prevalence of methods to conceal a human in a vehicle:
- The immigration inspection is not complete until the canine has conducted a sniff of the
vehicle.
Case Law: Dwellings - correct answer-Florida VS. Jardines
Case Law: Dwellings - correct answer-U.S. VS. Thomas
- Depending on jurisdiction, a canine sniff of a dwelling absent a warrant or consent may be
a 4th amendment violatioin.
- CBP Policy prohibits the use of concealed human/ narcotics detection teams to be used in
exterior sniffs of dwellings absent a warrant or consent.
Case Law: Florida VS. Harris - correct answer-
Case Law: Intentional People Sniff - correct answer-Horton VS. Goose Creek ISD
- The canine sniff of a person is a search implicating the 4th amendment.
- CBP Policy prohibits the use of canines to search people unless the canine is certified in
pedestrian processing and operating within the scope of a border search.
Case Law: Legality of BP Primary Sniffs - correct answer-U.S. VS. Moreno-Vargas
•CBP Concealed Human/Narcotics Detection trained canines may be utilized in the primary
inspection lanes of immigration checkpoints.
•This may not prolong the immigration stop.
•NOTE -The Supreme Court denied to hear this case.
Case Law: Length of Detention - correct answer-Rodriguez V.S. U.S.
Case Law: Length of detention - correct answer-U.S. Vs. Maltais
•Agents need reasonable suspicion to perform a roving patrol stop.
•Handlers should respond as expeditiously as possible when answering a call involving a
detention.
•The legality of the length of a detention is determined given the facts of each case.
Case Law: Local Narcotics Checkpoints - correct answer-Edmond V.S. Goldsmith
•Checkpoints may only be utilized:
-Where there is a suspect but it is infeasible to avoid indiscriminate search (fleeing criminals)
-Where no specific person is under suspicion but circumstances make it impossible to
prevent a crime without indiscriminate search (terrorists)
-A regulatory search, the objective of which is to detect a specific activity (D.L., DUI
Checkpoints)
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