United States Tenth Circuit

A conviction for drug- and firearm-related charges is affirmed over a claim of erroneous denial of a suppression motion because officers did not need reasonable suspicion for a dog sniff of the exterior of defendant's vehicle, which was parked in a restaurant parking lot, and it was irrelevant that two arrestees remained at the scene from the time that the drug dog was summoned until it arrived.

Appellate Information

• Decided 03/30/2007
• Published 04/02/2007

Judges

• HARTZ, Circuit Judge., Before LUCERO, HARTZ, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• David J. Phillips, Acting Federal Public Defender, and Barry L. Derryberry, Research & Writing Specialist, Office of Federal Public Defender, Northern & Eastern Districts of Oklahoma, Tulsa, OK, for Defendant-Appellant., David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Tulsa, OK, for Plaintiff-Appellee.