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U.S. v. TOWNSEND

No. 00-4608.

305 F.3d 537 (2002)

UNITED STATES of America, Plaintiff-Appellant, v. Sylvester TOWNSEND and David Green, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed September 27, 2002.

Attorney(s) appearing for the Case

David J. Horne (argued and briefed), U.S. Attorney Office, Dayton, OH, for Plaintiff-Appellant.

Kevin M. Schad (argued and briefed), Schad & Cook, Indian Springs, OH, Lawrence J. Greger (briefed), Greger & Ovington, Dayton, OH, Sharon L. Ovington (argued), Greger & Ovington, Dayton, OH, for Defendants-Appellees.

Before KRUPANSKY and BOGGS, Circuit Judges; and LAWSON, District Judge.

OPINION

BOGGS, Circuit Judge.

The United States appeals the district court's order suppressing evidence and dismissing the indictment obtained against Sylvester Townsend and David Green. During a traffic stop, Ohio state patrolmen called for a drug-sniffing dog and then searched the trunk of the car in which the defendants were traveling. The district court held that, while the traffic stop was permissible, the detention of the automobile and the two defendants...

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