United States Second Circuit

Judgment of conviction following defendant's conditional guilty plea to a charge that he possessed oxycodone with intent to distribute is affirmed in part, vacated in part, and remanded for discovery of the narcotics canine's field performance records, where: 1) the duration of the two successive traffic stops was not unreasonably intrusive for a narcotics canine stop and the investigations were conducted diligently; 2) the narcotics canine's alert provided the probable cause for his arrest; and 3) the district court's decision to deny defendant's request for the narcotics canine's field performance records on grounds that they were "not controlled instances" and thus "don't tell you anything" was based on an erroneous view of the law and constituted an abuse of the court's discretion.

Appellate Information

• Decided 03/11/2015
• Published 03/11/2015

Judges

• Wesley

Court

• United States Second Circuit

Counsel