United States Eighth Circuit

In a prosecution for drug-related offenses, denial of a motion to suppress cocaine found in a hidden compartment of defendant's car is affirmed where: 1) police had probable cause to seize defendant for speeding and an officer did not effect an unreasonable seizure simply by asking three brief questions related to possible drug trafficking amidst his other traffic-related inquiries and tasks; 2) the conduct of the traffic stop provided no cause to exclude the evidence, whether or not there was reasonable suspicion before a canine sniff that criminal activity was afoot; 3) the dog sniff at issue did not rise to the level of an unlawful search; and 4) the dog's alert gave police probable cause to search the car which did not "dissipate" after hours of searching.

Appellate Information

• Decided 05/04/2007
• Published 05/04/2007

Judges

• COLLOTON, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy J. Langley, Fed. Public Defender, argued, Sioux Falls, SD, for appellant.


• For Appellees:
  
• Mark Edward Salter, Asst. U.S. Atty., argued, Sioux Falls, SD, for appellee.