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U.S. v. DIAZ

No. 93-1665.

25 F.3d 392 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Modesto DIAZ, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 6, 1994.

Attorney(s) appearing for the Case

John R. Roth, Asst. U.S. Atty. (argued and briefed), Office of the U.S. Atty., Detroit, MI, plaintiff-appellee.

David C. Thomas (argued and briefed), Chicago, IL, for defendant-appellant.

Before MILBURN and BOGGS, Circuit Judges; and CONTIE, Senior Circuit Judge.

BOGGS, Circuit Judge.

Defendant Modesto Diaz appeals his conviction for possession, with intent to distribute, of one hundred pounds of marijuana, in violation of 21 U.S.C. § 841(a)(1), arguing that the district court erred in denying his motion to suppress evidence. He contends that an indication of the presence of marijuana by an allegedly improperly trained police dog did not constitute probable cause to search his vehicle. For the reasons discussed herein...

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