United States v. Tuton

Arkansas state cop searches bag stowed in commercial bus’s luggage compartment because it lacks a name tag, which is suspicious. But wait! The bag has a name tag. District court: The officer lacked probable cause, reasonable suspicion, and consent; the search violated the Fourth Amendment. But no need to suppress the evidence. A drug doggie’s subsequent alert on the bus’s luggage compartment (not on any particular bag) rendered sufficient probable cause (untainted by the previous search) to search the bag, which contained contraband. Eighth Circuit (over a dissent): Affirmed.

Tags: 2018, Eighth Circuit, Fourth Amendment, Police, Searches and Seizures

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