District Court Overturns Kansas Dog Kennel's No-Warrant Inspection Policy via NCLA Victory
In a significant victory for dog trainers and handlers in Kansas, the U.S. District Court for the District of Kansas has enjoined a state law authorizing intrusive, warrantless searches of licensed dog training businesses [1][3]. The ruling in the case *Johnson v. Smith* was based on the violation of the Fourth Amendment rights of these businesses, determining that they are not "closely regulated" businesses exempt from warrant requirements.
The case revolved around Scott Johnson and Harlene Hoyt, owners of Covey Find Kennel, who challenged the Kansas Pet Animal Act’s provision requiring them to allow warrantless searches with only 30 minutes’ notice. Initially, their lawsuit was dismissed by the district court in 2023, incorrectly applying the "closely regulated" business exception. However, further legal advocacy emphasizing Fourth Amendment protections led to the reversal of this decision [1].
As a result, the warrantless search regime under this Kansas law is now blocked and not enforceable, protecting dog training businesses from intrusive, unannounced inspections without a warrant [1][3]. The nonpartisan, nonprofit civil rights group, the New Civil Liberties Alliance (NCLA), represented the Plaintiffs in this case, along with the Kansas Justice Institute [2].
Mark Chenoweth, President of NCLA, expressed his pleasure for the owners of Covey Find Kennel and the containment of the doctrine denying search warrant protections to 'closely regulated' industries. Andrew Morris, Senior Litigation Counsel at NCLA, stated that the district court’s decision prevents the Kansas legislature from using licensing requirements to override important constitutional protections [2].
The Tenth Circuit Court of Appeals has remanded the issue of whether Covey Find Kennel was a closely regulated business back to the district court for reconsideration in June 2024 [1]. The Kansas Justice Institute and NCLA argued that the licensing and warrantless search regime violates the Fourth Amendment, marking a step towards restoring constitutional freedoms from violations by the Administrative State, particularly in the context of 'closely regulated' industries [2].
For more information about this case, please visit NCLA’s amicus page [2]. This is the most up-to-date legal development regarding this specific Kansas state law [1][3].
| Aspect | Status | |-------------------------------------------------|--------------------------------------------------| | Law authorizing warrantless searches (Kansas) | Enjoined by U.S. District Court | | Basis of ruling | Violation of Fourth Amendment rights | | Business type involved | Dog training and handling businesses | | Effect | No more intrusive warrantless searches allowed | | Case | Johnson v. Smith (District Court of Kansas, 2025) |
[1] New Civil Liberties Alliance. (2023). Johnson v. Smith: Kansas District Court Enjoins State's Warrantless Searches of Dog Training and Handling Businesses. Retrieved from https://ncla.org/news/johnson-v-smith-kansas-district-court-enjoins-states-warrantless-searches-of-dog-training-and-handling-businesses/
[2] New Civil Liberties Alliance. (2023). Johnson v. Smith: NCLA and Kansas Justice Institute Argue that Kansas Law Violates Fourth Amendment Rights. Retrieved from https://ncla.org/news/johnson-v-smith-ncla-and-kansas-justice-institute-argue-that-kansas-law-violates-fourth-amendment-rights/
[3] New Civil Liberties Alliance. (2025). Johnson v. Smith: District Court Holds that Narrow "Closely Regulated Business" Exception Does Not Apply to Training and Handling Dogs. Retrieved from https://ncla.org/news/johnson-v-smith-district-court-holds-that-narrow-closely-regulated-business-exception-does-not-apply-to-training-and-handling-dogs/
- The ruling in the case Johnson v. Smith marks a significant victory in the realm of policy-and-legislation, as it protects dog training and handling businesses from intrusive, warrantless searches in Kansas.
- This case, Johnson v. Smith, exemplifies the importance of civil rights in politics, with the New Civil Liberties Alliance advocating for the Fourth Amendment protections of these businesses against unconstitutional violations by the Administrative State.
