143213P.pdf   11/23/2015  United States  v.  Democrus Burston
   U.S. Court of Appeals Case No:  14-3213
   U.S. District Court for the Northern District of Iowa - Cedar Rapids   
   [PUBLISHED] [Melloy, Author, with Murphy and Smith, Circuit Judges] 
   Criminal case - Criminal law. Considering the factors set forth in U.S. v. 
   Dunn, 480 U.S. 294 (8th Cir. 1987), the search here (a drug dog sniff) was 
   within the curtilage of defendant's apartment; as the officers had no 
   license to invade defendant's curtilage,the drug dog sniff was an illegal 
   search in violation of defendant's Fourth Amendment rights under Florida 
   v. Jardines, 133S. Ct. 1409 (2013); the police officer's actions reliance 
   on prior 8th Circuit was not objectively reasonable as the cases cited by 
   the prosecution do not authorize a drug dog sniff six to ten inches from 
   the suspect's window, present similar facts or provide a rationale to 
   justify the search;the district court erred in denying defendant's motion 
   to suppress, and the matter is remanded for further proceedings.