U.S. v. MORALES-ZAMORA

Nos. 89-2172, 89-2244.

914 F.2d 200 (1990)

UNITED STATES of America, Plaintiff-Appellant, v. Adela MORALES-ZAMORA, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Javier OZUNA-FUENTES and Jose Manuel Morales-Diaz, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

September 6, 1990.


Attorney(s) appearing for the Case

David N. Williams (William L. Lutz, U.S. Atty., and Robert J. Gorence, Asst. U.S. Atty., with him on the brief), Asst. U.S. Atty., for plaintiff-appellant, U.S.

Nancy Hollander of Freedman, Boyd & Daniels, P.A., Albuquerque, N.M., for defendant-appellee Adela Morales-Zamora.

William E. Parnall, Albuquerque, N.M., for defendants-appellees Javier Ozuna-Fuentes and Jose Manuel Morales-Diaz.

Teresa E. Storch, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellee Javier Ozuna-Fuentes.

Before TACHA and EBEL, Circuit Judges, and DUMBAULD, District Judge.


TACHA, Circuit Judge.

Defendants Adela Morales-Zamora, Javier Ozuna-Fuentes, and Jose Manuel Morales-Diaz were indicted on drug charges after a trained narcotics detection dog alerted to their vehicles while they were detained at a roadblock operated by Socorro, New Mexico police authorities. The district court in both cases granted the defendants' motions to suppress on the ground that the dog sniff was a "search" under the fourth amendment, U.S. Const. amend. IV...

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