United States Fifth Circuit

Conviction of possession with intent to distribute cocaine and denial of defendant's motion to suppress evidence, are affirmed where it was reasonable under the circumstances to have the passengers exit the bus prior to the canine search of the passenger compartment, the dog sniff does not constitute a search with the meaning of the Fourth Amendment, and agent's request that defendant empty his pockets and lift his shirt was permissible under Terry.

Appellate Information

• Decided 10/28/2003
• Published 10/28/2003

Judges

• DUPLANTIER, District Judge:, Before EMILIO M. GARZA and DENNIS, Circuit Judges, and DUPLANTIER, District Judge .

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Paula Camille Offenhauser (argued), James Lee Turner, Asst. U.S. Attys., Houston, TX, for Plaintiff-Appellee., Roland E. Dahlin, II, Fed. Pub. Def., Jeffrey L. Wilde, Asst. Fed. Pub. Def., Aurora Ruth Bearse (argued), Houston, TX, for Defendant-Appellant.