- Associated Press - Friday, November 27, 2015

FARGO, N.D. (AP) - A Fargo prosecutor says a federal appeals court ruling that rejected evidence from an unwarranted search by a drug-sniffing dog should not change the way police investigate suspected drug crimes.

The ruling says it was wrong for police in Iowa to bring a drug dog within inches of a resident’s apartment window without a warrant. Some Fargo defense attorneys who have unsuccessfully argued similar cases say the opinion shows that allowing warrantless sniffs in apartments and condos - but not private homes - is unconstitutional and unfair to low-income people.

Cass County prosecutor Gary Euren says the ruling makes sense because the law allows drug dogs in common areas, and the apartment in the Iowa case had private entrances instead of a common entrance and walkway like the Fargo cases.


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