DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
132480P.pdf 07/31/2014 United States v. Alexis Salgado
U.S. Court of Appeals Case No: 13-2480
U.S. District Court for the District of South Dakota - Pierre
[PUBLISHED] [Colloton, Author, with Shepherd and Kelly, Circuit Judges]
Criminal case - Criminal law. Officer's initial contact with defendant was
a valid exercise of the community-caretaking function and did not amount
to a seizure requiring probable cause or reasonable suspicion of criminal
activity; when defendant admitted he did not have a driver's license, the
officer had probable cause to detain him, ask him questions regarding his
identity and determine his criminal history; based on the totality of the
circumstances, the officer had reasonable suspicion that criminal activity
was afoot, justifying an investigatory stop, including a dog sniff; delay
in performing the dog sniff was caused by the remote location of the stop
and was reasonable under the circumstances; district court did not err in
denying defendant's request for access to the dog's performance records.