FARGO, N.D. (AP) – Defense attorneys in Fargo who have argued that unwarranted searches with drug-sniffing dogs are unconstitutional and unfair to lower-income people say an 8th U.S. Circuit Court of Appeals ruling earlier this week backs their premise. The 8th Circuit says it was wrong for police in Iowa to bring a drug dog within inches of a resident’s apartment window without first obtaining a warrant. The court threw out the evidence.

Fargo lawyers who have had appeals on warrantless sniffs rejected by the state Supreme Court say the opinion shows flaws in the law that allows drug dogs in apartments and condos without warrants, but not in private homes. Cass County (North Dakota) State’s Attorney Birch Burdick says he hasn’t had time to review the 8th Circuit ruling and could not comment.