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10th Cir. finds independent source from nearly continuous occurrence

By John Wesley Hall, Jr.

The Tenth Circuit [somehow] finds an independent source in a tractor trailer cab search from a continuous occurrence after a dog sniff on the highway of the trailer during a traffic stop and license check, essentially holding that a lawful canine search [something not clear to me in the first place] cures all ills. United States v. Forbes, 2008 U.S. App. LEXIS 12776 (10th Cir. June 17, 2008): Similarly, in this case, agents recovered the marijuana following a lawful canine inspection of Forbes' tractor-trailer rig. Nothing that led agents to the truck's tractor was in any sense derived from the search of the trailer. Even under the facts alleged by Forbes, border agents did not recover contraband or discover any evidence of wrongdoing when they entered the trailer...continue to full post

Full post as published by Fourth Amendment on June 19, 2008 (boomark / email).