171493P.pdf   06/25/2018  United States  v.  Coleman Tuton
   U.S. Court of Appeals Case No:  17-1493
   U.S. District Court for the Western District of Arkansas - Texarkana   
   [PUBLISHED] Loken, Author, with Gruender and Kelly, Circuit Judges] 
   Criminal case - Criminal law. Claim that police officer unconstitutionally 
   seized defendant when the officer asked the driver of the bus in which 
   defendant was riding if there was any contraband in the bus and if the 
   officer could search the bus was without merit, as the driver consented to 
   the search and defendant was not seized during the search; while defendant 
   had a protected privacy interest in his properly tagged luggage stowed in 
   the bus's luggage compartment, the officer's search of the bag under the 
   mistaken belief it was abandoned, did not make his conduct after 
   discovering the mistake (having a drug dog sniff the entire luggage 
   compartment) unlawful, and all evidence suggests the officer's mistake was 
   an isolated instance of negligence which occurred during a bona fide 
   investigation; as a result, the exclusionary rule did not require 
   suppression of the drugs found in the bag; the drug dog's general alert, 
   under these circumstances, gave officers probable cause to search the 
   handful of bags, including defendant's, contained in the compartment. 
   Judge Kelly, dissenting.