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.
061910P.pdf 05/04/2007 United States v. Reyes Olivera-Mendez
U.S. Court of Appeals Case No: 06-1910
U.S. District Court for the District of South Dakota
[PUBLISHED] [Colloton, Author, with Bye and Benton, Circuit
Judges]
Criminal Case - suppression. Following traffic stop and fifteen-minute
detention, officers compounded car and conducted a 4 hour search, which
found 15 kilograms of cocaine in hidden compartment. Denial of motion
to suppress is affirmed, as detention was not unreasonably long; asking
brief questions lasting 25 seconds related to possible drug trafficking did
not effect unreasonable seizure or contribute to the discovery of the
cocaine. The canine sniff was not a search and district court's finding that
dog's alert was reliable was not clearly erroneous and provided probable
cause to search the interior.