United States v. Dyson, No. 08-3944 (6th Cir. 2011)
Annotate this CaseOfficers responding to an accident smelled raw marijuana and were told that occupants of the vehicle had removed items and carried them up the off-ramp, showing no concern for the driver. The officers observed that the items were being placed into a vehicle owned by the defendant. A canine unit was called and alerted to the defendant's car, at the top of the ramp. The defendant stated that the officers could search the car, helped them open the hood, then grabbed a towel-wrapped gun from under the hood and ran. The Sixth Circuit affirmed defendant's conviction as a felon in possession of a firearm, holding that the district court properly refused to suppress the gun. There was no detention before the dog sniffed the car, which was in a public place, so there was no need for reasonable suspicion to justify use of the canine, although the officers did have reasonable bases for suspicion. The court refused to vacate a portion of the plea agreement under which the defendant waived his interest in the gun, the car, and a computer in the car; the defendant did not establish improper coercion.
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