· 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 CourtListenerSourced 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.