U.S. v. McFARLEY

No. 92-5555.

991 F.2d 1188 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Daryl Bernard McFARLEY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 20, 1993.


Attorney(s) appearing for the Case

Mauricio Dominguez, Charlotte, NC, argued, for defendant-appellant.

Harry Thomas Church, Asst. U.S. Atty., Charlotte, NC, argued (Thomas J. Ashcraft, U.S. Atty., on brief), for plaintiff-appellee.

Before WIDENER, HALL, and NIEMEYER, Circuit Judges.


OPINION

NIEMEYER, Circuit Judge:

We are here presented with the single issue of whether Charlotte (North Carolina) police officers violated Daryl Bernard McFarley's Fourth Amendment rights when they stopped him and detained his luggage to allow a dog trained to detect narcotics to sniff it. The dog's positive "alert" provided the basis on which a search warrant was issued and the luggage opened, revealing 450 grams of cocaine powder and 243 grams of crack...

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