United States v. Grant, No. 11-3665 (8th Cir. 2012)
Annotate this CaseDefendant was charged with possession with intent to distribute cocaine and cocaine base. Defendant moved to suppress evidence seized during a search of his vehicle. The district court granted the motion and the government appealed. The court held that a reasonable person in defendant's position would have understood that he could decline the officer's request that a drug dog search his vehicle. Accordingly, the court reversed and remanded for further proceedings.
Court Description: Criminal case - Criminal law. District court erred in suppressing evidence seized from defendant's vehicle after a drug dog alerted on the vehicle as a reasonable person in defendant's position would have understood that he could have declined the officer's request to permit a canine sniff of the vehicle. Judge Bright, dissenting. [ October 17, 2012
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