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Unconstitutional Search of Trailer Does Not Taint Search of Truck's Cab; Dog Provided PC

By Shari Allison

United States v. Forbes, ___F.3d___, 2008 WL_____, No. 07-2191 (10th Cir. June 17, 2008)Court of Appeals holds that the independent source doctrine applies to a search of the tractor portion of a tractor/trailer rig, when the trailer portion was unfruitfully searched first, presumably in violation of the Fourth Amendment. When border patrol agents found nothing in their unconsented-to search of the trailer, they took a dog around the outside of the cab section. The dog alerted, thus establishing probable cause, and the border patrol found marijuana in the cab after a search. The dog alert was a source independent of any preceding unconstitutionality. The Tenth Circuit rejects defendant's claim that there must be two discrete searches for the independent source doctrine to apply.continue to full post

Full post as published by Tenth Circuit Blog on June 24, 2008 (boomark / email).