New Hampshire Man's Lawsuit Against CBP Drug Dogs Can Proceed, Judge Rules

A New Hampshire man is suing U.S. Customs and Border Protection over the agency’s use of drug-sniffing dogs at interior checkpoints. The lawsuit claims the dogs violate state law by searching without probable cause.

The lawsuit, filed in 2020, scored an early procedural victory in a U.S. District Court in New Hampshire when the government’s request for a stay in the case was denied, according to court records and the Union Leader.

Attorneys for Jesse Drewniak claim his Fourth Amendment rights were violated at a CBP checkpoint when authorities used a drug-sniffing dog on his vehicle in 2017. Officers reportedly found a small amount of hash oil and performed an arrest. Drewniak faced a state misdemeanor charge that was later dismissed. New Hampshire prevents the use of drug dogs without probable cause.

CBP attorneys tried to stay the case claiming qualified immunity, however, a judge ruled that the suit can proceed. A new hearing date has not been set.

Ildefonso Ortiz is an award-winning journalist with Breitbart Texas. He co-founded Breitbart Texas’ Cartel Chronicles project with Brandon Darby and senior Breitbart management. You can follow him on Twitter and on Facebook. He can be contacted at Iortiz@breitbart.com.