U.S. v. DYSON

No. 08-3944.

639 F.3d 230 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Rodney DYSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 20, 2011.


Attorney(s) appearing for the Case

ARGUED: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Mary B. Young , Assistant United States Attorney, Columbus, Ohio, for Appellee. ON BRIEF: Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellant. Christopher K. Barnes , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: ROGERS, SUTTON, McKEAGUE, Circuit Judges.


OPINION

ROGERS, Circuit Judge.

A police-dog alert on a parked car ultimately led to evidence used to convict Rodney Dyson of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). A motion to suppress the evidence was properly denied because the dog sniff did not violate the Fourth Amendment. First, because the car was not stopped by the police, there was no protected Fourth Amendment interest in not having the car sniffed...

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