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· 11/23/2015

United States v. Democrus Burston

Citations

  • 806 F.3d 1123
  • 2015 U.S. App. LEXIS 20266
  • 2015 WL 7454379

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the “use of a drug-sniffing dog did not constitute a search subject to the Fourth Amendment because the sniff occurred in a common hallway and the police officers were lawfully present”
  • finding that Davis does not apply because no cases “serve as binding precedent to permit the drug-detection dog sniff in this factual context”
  • finding an area six to ten inches from defendant’s, window to be part of the curtilage
  • “[T]he area sniffed was in close proximity to Burston’s apartment—six to ten inches. That area is ‘immediately surrounding’ his residence.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Melloy, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.