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Hey guys, it's Anthony Bandiero, here with blue to gold law enforcement training. And I'm outside of Cleveland, Ohio. And today's question is, may officers run a drug dog in apartment or motel hallways? And the answer is yes and no.

Officers can run a drug canine in a motel or hotel hallway, but they cannot run the same dog in an apartment hallway. Usually, these are the most these are the this is the best approach here. And let me explain to you why. Now, first of all, when we are talking about areas outside of the front door, you know, are around a home, motel apartment and so forth. Those areas are classified under one of three categories. First, curtilage, curtilage, is protected, like the home itself. And these are areas intimately associated with domestic life, you know, playing with the kids barbecues, you know, hanging out on lawn chairs, and so forth. And then the second area are areas where there's a reasonable expectation of privacy. And finally, is open fields. So curtilage,

reasonable section of privacy, and open fields. Now let's go let's start with motels. motels don't have curtilage. You know, most motels do not have curtilage. Colleges is more associated with non traditional home, like a tent. But there are areas where the person the occupants have an exclusive right of control over it. If you think about most motels, they cannot exclude anybody from the hallways. This is why or that is why it is not curtilage. Let's go on to reasonable expectation of privacy. Hallways in a motel also are not protected under a reasonable expectation of privacy tests. The main reason is that society does not think it's reasonable. For the for a multiwell a motel occupants to have such a high expectation of privacy, that it would be unreasonable for officers public in canines to be in those hallways, it's just not that type of environment. And if you think about it, that makes sense. motels are certainly like a home inside the motel room when the person is lawfully occupying it. But there's real world consequences and limitations. You know, for example, people can be immediately evicted. If they violate a rule, like smoking and fighting and partying and breaking stuff. You know, that's not true with a home. And it's it's a commercial establishment. So really, hallways are the third category, open fields, let's move on to apartments, apartment hallways are not curtilage. Generally speaking, there is no right of exclusive control, you know, an occupancy over that hallway, other people can access it, they can invite the public. So it's not curtilage. You know, there may be an area in an apartment that is exclusive to one resident, but generally speaking hallways are not. But they are often considered areas where a person has a reasonable expectation of privacy. The reason is, is that most courts find that the apartment dweller, this isn't this is a traditional home, right, clearly, and they want to uphold a higher level of privacy in these areas. In some ways, I think courts feel it's unfair for the traditional home with the white picket fence, and the cops can bring the drug sniffing dog onto that property into the front door. Why should the apartment dwelling dweller have a less expectation of privacy? Will they do because again, hallways are not exclusive. They're not like the front door with a white picket fence. But this is a this is a proper balance.