In NCLA Amicus Win, Tenth Circuit Clears Path to Toppling Intrusive Dog Kennel Inspection Regime

Core Viewpoint - The U.S. Court of Appeals for the Tenth Circuit has reversed a district court decision regarding warrantless searches of dog training businesses, indicating potential violations of the Fourth Amendment rights of the appellants [1]. Group 1: Legal Context - The New Civil Liberties Alliance (NCLA) filed an amicus curiae brief arguing that the Kansas state law allowing warrantless searches infringes on the Fourth Amendment rights of individuals [1]. - The Tenth Circuit affirmed the dismissal of the claim regarding the right to travel but remanded the case to determine the applicability of the Fourth Amendment to warrantless searches of dog training businesses [1][4]. Group 2: Case Background - Scott Johnson and Harlene Hoyt operate Covey Find Kennel, a licensed dog training business, which is subject to unannounced inspections under the Kansas Pet Animal Act [2]. - The law requires one of the owners to be present for inspections with only 30 minutes' notice, allowing the Kansas Department of Agriculture to conduct searches without probable cause [2]. Group 3: Court's Reasoning - The Tenth Circuit found insufficient information to determine if Covey Find Kennel is a "closely regulated" business exempt from Fourth Amendment protections, criticizing the district court's broad application of this exception [4]. - The court's decision prevents the potential for widespread intrusions across various regulated industries in Kansas [4]. Group 4: NCLA's Position - NCLA argues that applying the Fourth Amendment exception for closely regulated businesses to dog training facilities is unreasonable and should be rejected by the district court [5]. - NCLA emphasizes the need to protect constitutional rights from being overridden by state licensing requirements [3].