053389P.pdf   09/14/2006  United States  v.  Todd John Lakoskey
   U.S. Court of Appeals Case No:  05-3389
                          and No:  05-3390
   District of Minnesota   
   [PUBLISHED] [Smith, Author, with Bye and Hansen, Circuit Judges]
   Criminal case - Criminal law and sentencing. District court erred in
   denying defendant Thomas Lakoskey's motion to suppress; while Thomas
   did not have an expectation of privacy in his driveway, walkway or front
   door area, the court erred in finding that he had impliedly consented to
   the officers' movement from those areas into his home; the officers'
   warrantless entry into Thomas's home without his consent or the presence
   of exigent circumstances violated his Fourth Amendment rights, and the
   money seized from an Express Mail package the officers were delivering
   should have been suppressed; subsequent consent to a search did not
   remove the taint from the illegal entry; district court did not err in
   denying defendant Todd Lakoskey's motion to suppress; officers had
   reasonable suspicion to seize package based on its characteristics; drug
   dog's failure to alert did not dissipate the reasonable suspicion,
   especially when the dog did alert when she and package were moved to a
   location better suited to a dog sniff; search warrant application did
   establish probable cause to open package; district court did not err in
   admitting bad acts evidence under Rule 404(b), as the evidence went to
   knowledge, intent and absence of mistake and the evidence's probative value
   outweighed its prejudicial effect; district court did not err in denying
   Todd's request to continue sentencing so that he could make a safety-
   valve proffer, as it was untimely and he had specifically rejected the
   government's earlier offer to make a proffer.