UNITED STATES v. BEALE

No. 80-1652.

736 F.2d 1289 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. John Christopher BEALE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1984.

As Amended July 20, 1984.


Attorney(s) appearing for the Case

Dan Alfaro, Corpus Christi, Tex., Paul H. Duvall, San Diego, Cal., for defendant-appellant.

Ray Edwards, Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BROWNING, Chief Judge, CHOY, WALLACE, SNEED, HUG, SKOPIL, SCHROEDER, PREGERSON, POOLE, CANBY, and BOOCHEVER, Circuit Judges.


Argued and Submitted En Banc April 11, 1984.

CHOY, Circuit Judge:

This appeal presents the sole question of whether a sniff of luggage by a trained narcotics detection dog constitutes a "search" within the meaning of the Fourth Amendment. We hold that it does not.

I. Background

Florida detectives observed John Beale and Joseph Pulvano check three pieces of luggage with a skycap at the National Airlines terminal at Fort Lauderdale,...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases