There must be additional indicia of erratic driving or unusual driving behavior before a reasonable suspicion arises that a motorist who is merely making jerky body movements is driving under the influence of drugs or alcohol.
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Ocampo v. State, No. 24A-CR-2785, __ N.E.3d __ (Ind. Ct. App., Aug. 29, 2025).
The legality of a K9’s interior sniff of a vehicle before probable cause has been established to conduct a search is governed by the “instinctive entry rule,” under which a K9’s instinctive entry into a vehicle does not implicate the Fourth Amendment so long as it is not directed, encouraged, or facilitated by officers.