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CA8: PC from dog alert extended across state lines to a second stop

By John Wesley Hall, Jr.

Defendant was stopped in Wyoming and consented to a drug dog search of his car. The dog did not alert, and he was released. The Wyoming officer called ahead to South Dakota and warned them defendant was coming. Defendant was stopped in South Dakota for speeding, and “during the stop” a drug dog was “deployed,” alerting to a different area of the car. The officer noticed signs of changes in the vehicle and found a hidden compartment. Aside from the prior stop, this use of the drug dog was promptly into the stop, and probable cause developed. The Wyoming probable cause continued into South Dakota. Citing “The French Connection,” it is well known that vehicles have sophisticated methods of hiding drugs. United States v...continue to full post

Full post as published by Fourth Amendment on April 09, 2010 (boomark / email).