illinois caballes argued november decided january illinois state trooper stopped respondent speeding radioed second trooper overhearing transmission drove scene dog walked dog around respondent car first trooper wrote respondent warning ticket dog alerted respondent trunk officers searched trunk found marijuana arrested respondent respondent drug trial denied motion suppress seized evidence holding inter alia dog alerting provided sufficient probable cause conduct search respondent convicted illinois reversed finding specific articulable facts suggest drug activity use dog unjustifiably enlarged routine traffic stop drug investigation held dog sniff conducted concededly lawful traffic stop reveals information location substance individual right possess violate fourth amendment pp vacated remanded stevens delivered opinion scalia kennedy thomas breyer joined souter filed dissenting opinion ginsburg filed dissenting opinion souter joined rehnquist took part decision case illinois petitioner roy caballes writ certiorari illinois january justice stevens delivered opinion illinois state trooper daniel gillette stopped respondent speeding interstate highway gillette radioed police dispatcher report stop second trooper craig graham member illinois state police drug interdiction team overheard transmission immediately headed scene dog arrived respondent car shoulder road respondent gillette vehicle gillette process writing warning ticket graham walked dog around respondent car dog alerted trunk based alert officers searched trunk found marijuana arrested respondent entire incident lasted less minutes respondent convicted narcotics offense sentenced years imprisonment fine trial judge denied motion suppress seized evidence quash arrest held officers unnecessarily prolonged stop dog alert sufficiently reliable provide probable cause conduct search although appellate affirmed illinois reversed concluding canine sniff performed without articulable suggest drug activity use dog unjustifiably enlarg ed scope routine traffic stop drug investigation question granted certiorari narrow whether fourth amendment requires reasonable articulable suspicion justify using dog sniff vehicle legitimate traffic stop pet cert thus proceed assumption officer conducting dog sniff information respondent except stopped speeding accordingly omitted reference facts respondent might triggered modicum suspicion initial seizure respondent stopped highway based probable cause concededly lawful nevertheless clear seizure lawful inception violate fourth amendment manner execution unreasonably infringes interests protected constitution jacobsen seizure justified solely interest issuing warning ticket driver become unlawful prolonged beyond time reasonably required complete mission earlier case involving dog sniff occurred unreasonably prolonged traffic stop illinois held use dog subsequent discovery contraband product unconstitutional seizure people cox may assume similar result warranted case dog sniff conducted respondent unlawfully detained proceedings however judges carefully reviewed details officer gillette conversations respondent precise timing radio transmissions dispatcher determine whether improperly extended duration stop enable dog sniff occur recounted details accept state conclusion duration stop case entirely justified traffic offense ordinary inquiries incident stop despite conclusion illinois held initially lawful traffic stop became unlawful seizure solely result canine sniff occurred outside respondent stopped car characterized dog sniff cause rather consequence constitutional violation view use dog converted encounter lawful traffic stop drug investigation shift purpose supported reasonable suspicion respondent possessed narcotics unlawful view conducting dog sniff change character traffic stop lawful inception otherwise executed reasonable manner unless dog sniff infringed respondent constitutionally protected interest privacy cases hold official conduct compromise legitimate interest privacy search subject fourth amendment jacobsen treated canine sniff dog sui generis discloses presence absence narcotics contraband item see also indianapolis edmond respondent likewise concedes drug sniffs designed properly conducted generally likely reveal presence contraband brief respondent although respondent argues error rates particularly existence false positives call question premise dogs alert contraband record contains evidence findings support argument moreover respondent suggest erroneous alert reveals legitimate private information case trial judge found dog sniff sufficiently reliable establish probable cause conduct search trunk accordingly use dog one expose noncontraband items otherwise remain hidden public view place lawful traffic stop generally implicate legitimate privacy interests case dog sniff performed exterior respondent car lawfully seized traffic violation intrusion respondent privacy expectations rise level constitutionally cognizable infringement conclusion entirely consistent recent decision use device detect growth marijuana home constituted unlawful search kyllo critical decision fact device capable detecting lawful activity case intimate details home hour night lady house takes daily sauna bath legitimate expectation information perfectly lawful activity remain private categorically distinguishable respondent hopes expectations concerning nondetection contraband trunk car dog sniff conducted concededly lawful traffic stop reveals information location substance individual right possess violate fourth amendment judgment illinois vacated case remanded proceedings inconsistent opinion ordered chief justice took part decision case illinois petitioner roy caballes writ certiorari illinois january justice souter dissenting hold using dog purposes determining presence marijuana car trunk search unauthorized incident speeding stop unjustified ground accordingly affirm judgment illinois respectfully dissent place categorized sniff dog sui generis fourth amendment held search classification rests upon limited nature intrusion premise experience shown untenable assumption trained sniffing dogs err learned fallibility dogs years since place decided reason call reconsidering place decision treating intentional use trained dog search portent case however adds insistence call uncritical adherence place render fourth amendment indifferent suspicionless indiscriminate sweeps cars parking garages pedestrians sidewalks sniff preceded seizure subject fourth amendment notice escapes fourth amendment review entirely unless treated search wait developments occur rethinking place analysis invites untoward heart place opinion today proposition sniffs trained dog sui generis reaction dog going alert response nothing presence see ibid sniff discloses presence absence narcotics contraband item ante assuming canine sniff narcotics dog reveal presence absence narcotics contraband quoting place supra hence argument goes sniff reveal presence items devoid legal use sniff implicate legitimate privacy interests treated search ante infallible dog however creature legal fiction although illinois get sniffing averages drug dogs supposed infallibility belied judicial opinions describing animals sniffing alerting less perfect accuracy whether owing errors handlers limitations dogs even pervasive contamination currency cocaine see kennedy describing dog accuracy rate scarborough describing dog erroneously alerted times working postal service time entire career limares accepting reliable dog gave false positives time laime state ark speaking dog made errors noting much currency circulation contains drug residue dog alert little value vacated grounds rehearing en banc carr becker concurring part dissenting part substantial portion currency tainted sufficient traces controlled substances cause trained canine alert presence indeed study cited illinois case proposition dog sniffs generally reliable shows dogs artificial testing situations return false positives anywhere time depending length search see reply brief petitioner garner et duty cycle detector dog baseline study apr prepared federal aviation administration grant institute biological detection systems auburn university practical terms evidence clear dog alerts hundreds times wrong dozens times dog fallibility recognized however ends justification claimed place treating sniff sui generis fourth amendment sniff alert necessarily signal hidden contraband opening container enclosed space whose emanations dog sensed necessarily reveal contraband evidence crime course deny dog reaction may provide reasonable suspicion probable cause search container enclosure fourth amendment demand certainty success justify search evidence contraband point simply sniff alert claim certainty place assumed treating deliberate use sniffing dogs sui generis taking characterization reason say searches subject fourth amendment scrutiny aura uniqueness disappears basis place reasoning good reason otherwise ignore actual function dog sniffs perform conducted obtain information contents private spaces beyond anything human senses perceive even conventionally enhanced information provided independent third parties beyond reach constitutional limitations gathered government officers order justify searches traditional sort may may reveal evidence crime disclose anything meant kept private area searched thus practice government use trained narcotics dog functions limited search reveal undisclosed facts private enclosures used justify complete search enclosed area given fallibility dog sniff first step process may disclose intimate details without revealing contraband device might described kyllo makes sense treat sniff search amounts practice rely body fourth amendment cases including kyllo deciding whether search reasonable general proposition using dog sniff drugs subject rule object enforcing criminal laws without justify suspicionless fourth amendment intrusions see indianapolis edmond since police claim particular suspicion caballes violating drug sniff search must stand fall ancillary traffic stop led true police probable cause stop car offense committed officer presence caballes concedes justified arrest see brief respondent occasion consider authority incident arrest however see knowles iowa police nothing detain caballes long enough check record write ticket consequence reasonableness search must assessed relation actual delay police chose impose justice ginsburg points opinion post fourth amendment consequences stopping traffic citation settled law berkemer mccarty followed knowles supra held analogue common traffic stop limited detention investigation authorized terry ohio terry authorized restricted incidental search weapons reasonable suspicion warrants safety measure took care keep terry stop automatically becoming foot door investigatory purposes permissible intrusion bounded justification detention although facts disclosed enquiry within limit might give grounds go government otherwise take advantage suspect immobility search evidence unrelated reason detention rule unless terry going become general searches rule requires holding police reasonable grounds conduct sniff searches drugs simply stopped someone receive ticket highway offense since police indication illegal activity beyond speed car case sniff search held unreasonable fourth amendment fruits suppressed nothing case relied upon jacobsen unsettled limit reasonable enquiry adopted terry jacobsen found fourth amendment search occurred federal agents analyzed powder already lawfully obtained noted test reveal whether powder cocaine owner legitimate privacy interest stake already explained however use sniffing dog cases like significantly different properly treated search indeed implicate fourth amendment protection jacobsen powder analyzed effectively end matter either powder cocaine fact owner legitimate interest concealing cocaine case test revealed nothing powder anything else already legitimately obvious police case dog sniff dog smell disclosed contraband smells closed container affirmative reaction therefore identify substance police already legitimately possess informs police instead merely reasonable chance finding contraband yet put hands police open container discover whatever lies within marijuana owner private papers thus jacobsen rely assumption enquiry question either show certainty known substance contraband reveal nothing certainty limit disclosure may follow missing dog sniffs today go far say explicitly sniff searches dogs trained sense contraband always get free pass fourth amendment since reserves judgment constitutional significance sniffs assumed intrusive dog walk around stopped car ante reason take reliance jacobsen actually signaling recognition broad authority conduct suspicionless sniffs drugs parked car justice ginsburg rightly concerned post person pedestrian minding business sidewalk stated reasoning provides apparent stopping point short excesses sake providing workable framework analyze cases facts like certain come along treat dog sniff familiar search fact subject scrutiny fourth illinois petitioner roy caballes writ certiorari illinois january justice ginsburg justice souter joins dissenting illinois state police trooper daniel gillette stopped roy caballes driving miles per hour zone posted speed limit miles per hour trooper craig graham drug interdiction team heard radio trooper gillette making traffic stop although gillette requested aid graham decided come scene conduct dog sniff gillette informed caballes speeding asked usual documents driver license car registration proof insurance caballes promptly provided requested documents refused consent search vehicle calling dispatcher check validity caballes license outstanding warrants gillette returned vehicle write caballes warning ticket interrupted radio call unrelated matter gillette still writing ticket trooper graham arrived dog graham walked dog around car dog alerted caballes trunk opening trunk troopers found marijuana illinois held drug evidence suppressed adhering decision people cox employed test taken terry ohio determine overall reasonableness stop asked first whether officer action justified inception second whether reasonably related scope circumstances justified interference first place ibid quoting people brownlee turn quoting terry undisputed observed traffic stop properly initiated thus dispositive inquiry trained second part terry test state bears burden establishing conduct remained within scope stop concluded state failed offer sufficient justification canine sniff police detect odor marijuana car note evidence suggesting presence illegal drugs ibid lacking specific articulable facts supporting canine sniff ibid quoting cox ruled police impermissibly broadened scope traffic stop case drug investigation affirm illinois judgment hold drug sniff violated fourth amendment terry ohio upheld stop subsequent frisk individual based officer observation suspicious behavior reasonable belief suspect armed see examining terry length intrusiveness stop detention florida royer plurality opinion investigative detention must temporary last longer necessary effectuate purpose stop investigative methods employed least intrusive means reasonably available verify dispel officer suspicion routine traffic stop observed relatively brief encounter analogous terry stop formal arrest knowles iowa quoting berkemer mccarty see also ante souter dissenting government may take advantage suspect immobility search evidence unrelated reason detention apply terry test illinois determine whether canine sniff impermissibly expanded scope initially valid seizure caballes hardly dispositive dog sniff case may lengthened duration stop cf ante seizure become unlawful prolonged beyond time reasonably required complete initial terry merits repetition instructs investigation must reasonably related scope circumstances justified interference first place emphasis added unwarranted nonconsensual expansion seizure routine traffic stop drug investigation broadened scope investigation manner judgment runs afoul fourth rejects illinois judgment implicitly application terry traffic stop converted calling dog drug search rules holding dog sniff render seizure reasonable time unreasonable scope ante dog sniffs detect possession contraband may employed without offense fourth amendment reasons reveal lawful activity hence disturb legitimate expectation privacy ante view diminishes fourth amendment force abandoning second terry inquiry police action reasonably related scope circumstances justifiying initial interference place sniff surely broadened scope seizure never removed police action fourth amendment control ground action well calculated apprehend guilty see karo fourth amendment warrant requirement applies police monitoring beeper house even facts justify believing crime committed monitoring beeper wherever goes likely produce evidence criminal activity see also minnesota carter ginsburg dissenting fourth amendment protection reserved innocent little force regulating police behavior toward either innocent today decision every traffic stop become occasion call dogs distress embarrassment population illinois seems correctly apprehended danger allowing police search contraband despite absence cause suspect presence today decision contrast clears way suspicionless drug sweeps parked cars along sidewalks parking lots compare ludwig upholding search based canine drug sniff parked car motel parking lot conducted without particular suspicion quinn officers must reasonable suspicion car contains narcotics moment dog sniff performed place fourth amendment violated dog sniff piece luggage seized based suspicion drugs motorists constitutional grounds complaint police dogs stationed long traffic lights circle cars waiting red signal turn green today decision also undermines balancing fourth amendment interests contexts example bond held bus passenger expectation privacy bag placed overhead bin police officer physical manipulation bag constituted illegal search canine drug sniffs entirely exempt fourth amendment inspection sniff substitute officer request bus passenger permission search bag significant difference passenger option say dog sniff case bears emphasis drug detection dog sniff explosives involving security interests presented entirely different matter detector dogs ordinarily trained sniffers discrete purposes example may trained narcotics detection explosives detection agricultural products detection see customs border protection canine enforcement training center training program course descriptions http internet materials visited available clerk case file describing customs training courses narcotics detection transportation security administration canine explosives program http describing transportation security administration explosives detection canine program dept agriculture animal plant health inspection service usda detector dogs tecting american agriculture available http describing usda beagle brigade detector dogs trained detect prohibited fruits plants meat see also jennings origins history security detector dogs canine sports medicine surgery bloomberg dee taylor eds describing narcotics detector dogs used border patrol customs bomb detector dogs used federal aviation administration secret service noting possibility circumstances cross training dogs multiple tasks chapman police dogs north america describing dogs noting possibility cross training indication case dog accompanying trooper graham trained anything drug detection see trooper graham arrived dog brief petitioner trooper graham arrived dog distinguished general interest crime control immediate threats public safety michigan dept state police sitz upheld use sobriety traffic checkpoint balancing state interest preventing drunk driving extent accomplished checkpoint program degree intrusion stops involved determined state checkpoint program consistent fourth amendment ten years sitz indianapolis edmond held drug interdiction checkpoint violated fourth amendment despite illegal narcotics traffic nation struggling stem explained general interest crime control justify stops distinguished sobriety checkpoints sitz ground checkpoints designed eliminate immediate threat life limb use dogs check vehicles explosives without doubt closer kinship sobriety checkpoints sitz drug checkpoints edmond observed edmond fourth amendment almost certainly permit appropriately tailored roadblock set thwart imminent terrorist attack permitting exceptions warrant requirements search special needs beyond normal need law enforcement make requirements impracticable quoting new jersey blackmun concurring judgment reasons stated hold police violated caballes fourth amendment rights without cause suspect wrongdoing conducted dog sniff vehicle therefore affirm judgment illinois footnotes also join justice ginsburg dissent post without directly reexamining soundness analysis government dog sniffs place demonstrates investigation matter beyond subject traffic stop offends rule terry ohio analysis adopt another proffered justification sui generis status dog sniff particularly nonintrusive procedure place agree justice ginsburg introduction dog traffic stop let alone encounter someone walking street fact quite intrusive post dissenting opinion kyllo concerned whether search occurred police used device house detect heat emanations associated lamps concluding using device search stressed government may us device explore details home previously unknowable without physical intrusion difference dwelling kyllo trunk car may go issue reasonableness respective searches bearing question search search significant kyllo imaging device disclose personal details immediately whereas revealed step opening enclosed space following dog alert reaction practical terms values protected fourth amendment stake case justifications required fourth amendment may may differ two practices constitutional scrutiny order imager order dog despite remarkable fact police pulled car going miles hour state maintains excessive speed reason stop case comes us assumption thus place government officials independent grounds suspect luggage question contained contraband employed dog sniff describing place acted suspiciously line airport labeled luggage inconsistent fictional addresses also error claim variant doctrine excuses lack justification dog sniff case officer observes object left owner plain view search occurs owner exhibited intention keep object katz harlan concurring contrast individual conceals possessions world grounds expect degree privacy plain view may enhanced somewhat technology see dow chemical allowing aerial surveillance industrial complex limits kyllo explained treating device outside doctrine previously reserved judgment much technological enhancement ordinary perception turns mere observation fourth amendment search kyllo laid special emphasis heightened privacy expectations surround home closed car trunks accorded level privacy protection see new york belton holding even search incident arrest vehicle permit search trunk result fourth amendment protections meaning face superhuman yet fallible techniques like use trained dogs techniques must justified basis reasonableness lest everything deemed plain view take care reserve judgment possible case significantly unlike one us concerned prejudge claim authority detect explosives dangerous chemical biological weapons might carried terrorist prompts individualized suspicion suffice say reasonable search depends part demonstrated risk unreasonable sniff searches marijuana necessarily unreasonable sniff searches destructive deadly material suicide bombs societal risk footnotes illinois held insufficient support canine sniff gillette observations caballes said moving chicago visible belongings two sport coats backseat car smelled air freshener caballes dressed business unemployed caballes seemed nervous even viewed together said observations gave rise nothing vague hunch possible wrongdoing proceeds assumption officer conducting dog sniff information caballes ante berkemer cautioned analogizing traffic stop terry stop suggest traffic stop supported probable cause may exceed bounds set fourth amendment scope terry stop per curiam later reaffirmed terry analogy evaluating police officer authority search vehicle routine traffic stop knowles question whether police officer inquiring drugs without reasonable suspicion unconstitutionally broadens traffic investigation cf florida bostick police questioning bus passenger might said constitute seizure