United States Fourth Circuit

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US v. Hill, 13-4806

In this case, defendant Barker was serving a term of supervised release in connection with a felony drug conviction that required him to notify his probation officer if he moved and to permit probation officers to visit him at home and confiscate contraband in plain view. Law enforcement suspected Barker of moving without notification, obtained a warrant for his arrest, and inside his home they took defendants into custody and conducted a walk-through of the apartment to look for contraband, then conducted a dog sniff around the apartment. After the dog alerted, the officers sought a search warrant. Judgment sentencing defendants to prison and imposing three years' supervised release on each of them is vacated and remanded, where: 1) the officers were required to have a search warrant rather than merely reasonable suspicion to search Barker's home, so the walk-through and dog sniff were unlawful searches; and 2) the good-faith exception does not apply with respect to evidence seized as a result of the dog sniff.

Appellate Information

  • Decided 01/13/2015
  • Published 01/13/2015

Judges

  • Diaz

Court

  • United States Fourth Circuit

Counsel


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