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.
212477P.pdf 03/10/2023 United States v. Donell Hines
U.S. Court of Appeals Case No: 21-2477
U.S. District Court for the Southern District of Iowa - Eastern
[PUBLISHED] [Smith, Author, with Kelly and Grasz, Circuit Judges]
Criminal case - Criminal law. The drug dog sniffs in this case were
conducted in reasonable reliance on binding Eighth Circuit precedent and
evidence seized pursuant to a warrant obtained in reliance on the dog's
alerts was admissible as the officers were acting in good faith under Leon
- see U.S. v. Perez, 46 F.4th 691 (8th Cir. 2022); Franks hearing argument
rejected; the officers posed simple questions to defendant before they
read him his Miranda rights in order confirm his identity and ensure
officer safety, and his answers to those questions were admissible. Judge
Kelly, concurring. Judge Grasz, concurring.