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.
063292P.pdf 05/16/2007 United States v. Kelvin R. Lyons
U.S. Court of Appeals Case No: 06-3292
and No: 06-3344
District of Nebraska - Lincoln
[PUBLISHED] [Shepherd, Author, with Loken, Chief Judge, and Bye,
Circuit Judge]
Criminal case - criminal law. Officer had reasonable suspicion of
criminal activity and could continue to detain the defendant afer
issuing a warning ticket; length of detention - about 31 minutes
between the issuance of the warning ticket and the arrival of a
drug dog - was not unreasonable; defendant's passenger opened
the car window on her own, and the police neither created the
opportunity for the drug dog to breach the interior of the vehicle
nor directed the dog to place its head through the window to
search for drugs; as a result, the drug dog's instinctive
action in sticking his head through the window did not violate
defendant's Fourth Amendment rights.