United States Second Circuit

Conviction for possession with intent to distribute cocaine is affirmed over a claim of erroneous denial of a motion to suppress based on assertions that: 1) the area of scrub brush where a black bag containing cocaine was discovered by a police canine was within the "curtilage" of defendant's home; and 2) the canine's search of that area constituted an unlawful search for purposes of the Fourth Amendment.

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• MINER, Circuit Judge:, Before:  MINER, McLAUGHLIN, and POOLER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Paul S. Volk, Blodgett, Watts, Volk & Sawyer, P.C., Burlington, VT, for Appellant.


• For Appellees:
  
• Wendy L. Fuller, Gregory L. Waples, Assistant United States Attorneys, on the brief (Thomas D. Anderson, United States Attorney for the District of Vermont), Burlington, VT, for Appellee.