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U.S. v. LUDWIG

No. 93-2084.

10 F.3d 1523 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Keith Rudolph LUDWIG, Defendant-Appellee. National Association of Criminal Defense Lawyers, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied February 2, 1994.

Attorney(s) appearing for the Case

David Williams, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., and Stephen R. Kotz, Asst. U.S. Atty., on the brief), Albuquerque, NM, for plaintiff-appellant.

Charles A. Harwood (James B. Foy, on the brief), Foy, Foy & Castillo, P.C., Silver City, NM, for defendant-appellee.

Peter Schoenburg, Rothstein, Donatelli, Hughes, Dahlstrom, Cron & Schoenburg, Albuquerque, NM, for amicus curiae.

Before MOORE, FEINBERG, and ANDERSON, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

The United States appeals the denial of its motion to reconsider the district court's suppression order. The government argues that the challenged dog sniff of Keith Ludwig's car was not a search under the Fourth Amendment, and that no warrant was required to search the car after the dog alerted. We agree and reverse.

BACKGROUND

At about 11:15 p.m. on December 12, 1992, Joel Nickles, a Border Patrol agent at the...

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