U.S. v. Gutierrez

Defendant was not entitled to new trial on drug distribution charge, even though police used drug dog’s alert to presence of drugs while on defendant’s porch to obtain search warrant to enter defendant’s home, where police eventually found drugs. Said search occurred prior to Jardines, 133 S.Ct. 1409, where U.S. Supreme Ct. found that police could not use drug dog under similar circumstances to obtain probable cause to search defendant’s home because drug sniff itself was search protected under 4th Amendment. However, 7th Circuit case law at time of instant drug sniff allowed police to use drug dog’s alert to obtain search warrant, such that evidence obtained by instant search warrant could not be suppressed, where police based their actions on good faith reliance on existing case law.