3.2.1

• Jurisdiction: Arizona

§ 3.2.1 Dog Sniff (or Human Sniff)

Sniffing the outside of an item, such as a bag or vehicle, is not a search. See United States v. Place, 462 U.S. 696, 707-08 (1983) (“[W]e conclude that the particular course of investigation that the agents intended to pursue here—exposure of respondent’s luggage, which was located in a public place, to a trained canine—did not constitute a ‘search’ within the meaning of the Fourth Amendment.”); State v. Sisco, 239 Ariz. 532, 373 P.3d 549 (2016) (reiterating that no “search” occurs when detecting odor does not invade an expectation of privacy, finding that a dog sniff of a bag at airport was not a search). See also State v. Weinstein, 190 Ariz. 306, 947 P.2d 880 (App. 1997) (Div. 2), citing State v. Morrow, 128 Ariz. 309, 625 P.2d 898 (1981) and State v. Paredes, 167 Ariz. 609, 810 P.2d 607 (App. 1991) (Div. 2) (dog sniff of trunk of car is not a search); United States v. Solis, 536 F.2d 880, 882 (9th Cir. 1976); United States v. Quoc Viet Hoang, 486 F.3d 1156, 1159 (9th Cir. 2007) (Fourth Amendment is not...