DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061838P.pdf 02/05/2007 USA v. Kevin Donnelly
U.S. Court of Appeals Case No: 06-1838
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Wollman, Author, with Riley and Gruender, Circuit Judges]
Criminal case - Criminal law and Sentencing. Based on a number of
factors, including defendant's behavior, his answers to questions and his
physical condition, the officer responding to a traffic accident involving
defendant had reasonable suspicion to believe defendant may have been
transporting and using drugs, and the officer was justified in continuing
his investigation by using a drug dog; the delay required to conduct the
drug dog sniff was not unreasonable; given the totality of the
circumstances, defendant's behavior and condition and the drug dog's
record, and positive alert, the officer had probable cause for a
warrantless search; sentence was not unreasonable, and defendant's
rehabilitative efforts were properly weighed.