BOISE, Idaho — The Idaho Supreme Court has vacated a Mountain Home man’s conviction for felony drug possession and delivery after it ruled that a police drug-sniffing dog trespassed and conducted an illegal search by putting its paws on his vehicle, prompting the search that led to his arrest.
The court issued its decision Monday, with three of the five justices in agreement and two dissenting.
The case centered on the 2019 arrest of Kirby Dorff. According to court documents, the officer said Dorff was stopped by a patrol officer in Mountain Home after Dorff drove across lanes of traffic without using a signal. A second officer arrived with a police K-9 named Nero who was trained to detect illegal drugs.