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U.S. v. SHARP

No. 10-6127.

689 F.3d 616 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. David W. SHARP, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 27, 2012.

Attorney(s) appearing for the Case

ARGUED: Derek E. Diaz , Hahn, Loeser & Parks LLP, Cleveland, Ohio, for Appellant. Luke A. McLaurin , United States Attorney's Office, Knoxville, Tennessee, for Appellee. ON BRIEF: Derek E. Diaz , Hahn, Loeser & Parks LLP, Cleveland, Ohio, for Appellant. Luke A. McLaurin , Tracy L. Stone , United States Attorney's Office, Knoxville, Tennessee, for Appellee.

Before: MARTIN and McKEAGUE, Circuit Judges; CALDWELL, District Judge.

OPINION

KAREN K. CALDWELL, District Judge.

It is well-settled that a dog's sniff around the exterior of a car is not a search under the Fourth Amendment. Defendant appeals the district court's denial of his motion to suppress because a narcotics dog jumped into his car and sniffed inside the car before "alerting" to the presence of narcotics. The canine's jump and subsequent sniff inside the vehicle was not a search in violation of the Fourth Amendment because...

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