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no reasonable expectation of privacy in "smells" i.e. a drug dog sniffing effects.
o No REP with respect to dog sniffs…the privacy interest you’d have to assert is very small because your privacy interest would be limited to the smell of drugs from your luggage. Also there is no physical intrusion
o Normative analysis to argue this is a search: privacy interest is the interest in your personal effects. Not as intrusive as physical invasion, but its use of a sense-enhancing device to gather information that otherwise would require physical invasion to obtain!
o No REP with respect to dog sniffs…the privacy interest you’d have to assert is very small because your privacy interest would be limited to the smell of drugs from your luggage. Also there is no physical intrusion
o Normative analysis to argue this is a search: privacy interest is the interest in your personal effects. Not as intrusive as physical invasion, but its use of a sense-enhancing device to gather information that otherwise would require physical invasion to obtain!
Flashcard info:
Author: tjkoger
Main topic: Law
Topic: Criminal Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009