M.D.Fla: Dog sniff of house valid, filed day after Jardines, in federal court

Dog alert outside a house for the presence of marijuana was reasonable basis to issue a search warrant. United States v. Cole, 2011 U.S. Dist. LEXIS 54220 (M.D. Fla. April 15, 2011). Note: Jardines v. State, 2011 Fla. LEXIS 884 (April 14, 2011), posted here, the day before, held that it is not in Florida state court. Gant came down while defendant's appeal was pending, and it was not argued. Aside from procedural default, he would lose on the merits of the Fourth Amendment claim under the automobile exception. Ezell v. United States, 2010 U.S. Dist. LEXIS 143023 (W.D. Wash. September 17, 2010).* The CI's information was detailed and predictive, and defendant did what the CI predicted, officers finding him within 15 minutes of the call. That also gave information for a frisk because of information about a gun. Aside from that, defendant could have been detained for jaywalking. United States v. Watson, 2011 U.S. Dist. LEXIS 54011 (C.D. Ill. April 6, 2011),* adopted 2011 U.S. Dist. LEXIS 54016 (C.D. Ill. May 20, 2011).*

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