U.S. v. MASON

No. 07-4900.

628 F.3d 123 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Eugene MASON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 8, 2010.


Attorney(s) appearing for the Case

ARGUED: Jeffrey Michael Brandt , Robinson & Brandt, PSC, Covington, Kentucky, for Appellant. Jeffrey Mikell Johnson , Office of the United States Attorney, Columbia, South Carolina, for Appellee. ON BRIEF: W. Walter Wilkins , United States Attorney, J.D. Rowell , Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina, for Appellee.

Affirmed by published opinion. Judge NIEMEYER wrote the majority opinion, in which Judge SHEDD joined. Judge GREGORY wrote a dissenting opinion.


OPINION

NIEMEYER, Circuit Judge:

After completing a traffic stop of Victor Mason on Interstate 20, between Atlanta and South Carolina, with the issuance of a warning ticket, the Georgia state trooper making the stop extended it for several minutes, based on the trooper's suspicion of criminal activity, to allow a drug-detection dog to sniff Mason's vehicle. The dog alerted multiple times to the presence of a narcotics odor and then jumped into the car through...

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