No. 97-2105.

140 F.3d 1328 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Kenneth Herman WINNINGHAM, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

April 6, 1998.

Attorney(s) appearing for the Case

John J. Kelly, United States Attorney (Mick I.R. Gutierrez, Assistant United States Attorney, with him on the briefs), Las Cruces, NM, for Plaintiff-Appellant.

Peter E. Edwards, Assistant Federal Public Defender (Ann Steinmetz, Federal Public Defender, with him on the brief), Las Cruces, NM, for Defendant-Appellee.

Before PORFILIO, McKAY, and BRISCOE, Circuit Judges.

PORFILIO, Circuit Judge.

The government appeals a district court order suppressing evidence obtained by using a trained dog to perform a roadside search of a van. The government argues: (1) United States v. Stone, 866 F.2d 359 (10th Cir.1989), controls this case and places the drug dog's activity outside the scope of the Fourth Amendment; and (2), in any event, the driver's consent cures any potential Fourth Amendment violation...

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