Illinois v. Caballes — Souter, J., dissenting

Summary

Justice Souter dissents, arguing that a canine drug sniff during a traffic stop constitutes a search under the Fourth Amendment because dogs are fallible, undermining Place v. United States rationale that sniffs are sui generis. He would affirm the Illinois Supreme Court and suppress the evidence as the sniff exceeded the scope of the stop without reasonable suspicion. Justice Ginsburg, dissenting separately, also concludes the sniff violated the Fourth Amendment because it impermissibly expanded the scope of the traffic stop without independent justification.