ND Supreme Court overturns ruling in drug dog case
BISMARCK — The North Dakota Supreme Court has overturned a district court judge’s ruling to quash drug evidence sniffed out by a Fargo police dog.
Cass County District Court Judge Wickham Corwin ruled in May that the evidence gathered in State v. Nguyen was inadmissible because officers used the dog to smell for drug odors that allegedly came from under 19-year-old Matthew Nguyen’s apartment door.
Police obtained a warrant to search the apartment, and Nguyen was charged with possession of marijuana with intent to deliver and possession of drug paraphernalia.
The state Supreme Court overturned Corwin’s decision Thursday, ruling that the use of a drug-sniffing dog in a secure apartment hallway did not violate Nguyen’s constitutional rights.
Cass County prosecutor Gary Euren argued in his brief to the state high court that the U.S. Supreme Court ruling on which Corwin’s decision was based didn’t apply to Nguyen’s case.
In the U.S. Supreme Court case, Euren wrote, a police dog searched a person’s front porch, not a common hallway. Because an apartment is rented, rather than owned, he argued, the renter shares the hallway with others and doesn’t have the same ownership expectation as a homeowner.