United States Eighth Circuit

A conviction and sentence for knowingly and intentionally possessing pseudoephedrine pills with knowledge or reasonable cause to believe that they would be used to manufacture methamphetamine is affirmed over claims that his sentence was unreasonable, and that drug evidence should have been suppressed because: 1) an officer lacked reasonable suspicion to question defendant about contraband or to radio for a drug dog, for purposes of extending his detention; 2) any arguable reasonable suspicion did not justify detaining him for the 80 minutes it took to complete the sniff; and 3) the dog's track record did not justify reliance on his positive indication as a basis for probable cause.

Appellate Information

• Decided 02/05/2007
• Published 02/05/2007

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, RILEY, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kevin P. Donnelly, Oklahoma City, OK, pro se., Raphael M. Scheetz, Cedar Rapids, IA, Craig W. Albee, Glynn & Fitzgerald, Milwaukee, WI, for Appellant.


• For Appellees:
  
• Matthew J. Cole, Rebecca Goodgame Ebinger, U.S. Attorney's Office, Cedar Rapids, IA, for Appellee.