U.S. v. PIERCE

No. 09-3865.

622 F.3d 209 (2010)

UNITED STATES of America v. Jimmy Lee PIERCE, Appellant.

United States Court of Appeals, Third Circuit.

Filed: October 1, 2010.


Attorney(s) appearing for the Case

Luis A. Ortiz, Esq. , Daniel I. Siegel, Esq. , Office of Federal Public Defender, Wilmington, DE, for Appellant.

Edward J. McAndrew, Esq. , Office of the United States Attorney, Wilmington, DE, for Appellee.

Before: BARRY, ROTH, Circuit Judges and HAYDEN, District Judge.


OPINION OF THE COURT

HAYDEN, District Judge.

When a narcotics dog's "alert" leads to the discovery of drugs in an automobile during a lawful traffic stop, the law is settled that its sniffs around the exterior of the car are not deemed to be a search under the Fourth Amendment. What happens when the dog jumps into the car?

Jimmy Lee Pierce was sentenced to a prison term of 300 months and 3 years supervised...

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