United States v. Brown
United States v. Brown
Opinion of the Court
MEMORANDUM
Jeffrey Russell Brown appeals the denial of his motion to suppress evidence found from a search of his car and incriminating statements he made during and after the search. We affirm.
1. The Search.
Under Illinois v. Caballes, the police may perform a dog sniff of the exterior of a car during a traffic stop without any need for suspicion of contraband.
Here, the time that elapsed from the beginning of the traffic stop to when the K9 officer alerted to the presence of drugs was only 11 or 12 minutes, not “beyond the time reasonably required” to issue a ticket. The evidence supported the district court’s findings that the police officer was, in good faith, just finishing writing the ticket when the K9 unit arrived, and that the dog sniff was completed within the next minute or two. Defendant’s own conduct contributed to the additional minute or two and the defendant consented to the dog sniff. Moreover, by the time the officer was completing the ticket, reasonable suspicion existed for a Terry stop.
The defendant’s right to a lawyer
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. Illinois v. Caballes, 543 U.S. 405, 408, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005).
. See, e.g., Miranda v. Arizona, 384 U.S. 436, 468-70, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966).
. United States v. Padilla, 387 F.3d 1087, 1093 (9th Cir. 2004).
. Id. (quoting Rhode Island v. Innis, 446 U.S. 291, 300-01, 100 S.Ct. 1682, 64 L.Ed.2d 297 (1980)). Cf. United States v. LaGrone, 43 F.3d 332, 335 (7th Cir. 1994) (“[B]ecause requesting consent to search is not likely to elicit an incriminating statement, such questioning is not interrogation....”).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.