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Unpublished but Interesting Decisions

By Shari Allison

U.S. v. Kolthoff, 2008 WL 467001 (2/20/08) (unpub'd) - The d.ct.'s finding that the drug dog "alerted" to drugs in the car was not clearly erroneous where the video showed the dog "heavily sniffed the trunk area twice and then looked to the handler." The handler explained that when the dog looks back he expects the handler to throw him a toy or "something." Could the dog be "alerting" just so he can get a treat? No drugs were found. In any case, an alert without anything else, absent an unreliable dog, constitutes probable cause, the 10th reaffirms.U.S. v. Stupka, 2008 WL 442397 (2/19/08) (unpub'd) - Another example of the absurdity of the ACCA's "on occasions different from one another" requirement. The defendant committed three "violent felonies" under the ACCA where he burglarized three apartments under the possession and control of the same people, on the same day, at the same address, by using the same master key...continue to full post

Full post as published by Tenth Circuit Blog on February 26, 2008 (boomark / email).