The Smell Test

June 23, 2011

  • Array

349 Searches and SeizuresA smell test is not a “search” within the meaning of the Fourth Amendment, but detaining a person while such a test is performed raises Fourth Amendment concerns.
Myers v. State, 812 N.E.2d 146 (Ind. Ct. App. 2004)

Suggested by Ben Frisch, West Attorney Editor