U.S. v. THOMAS

No. 11-10451.

726 F.3d 1086 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan Michael THOMAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2013.


Attorney(s) appearing for the Case

Brian I. Rademacher , Assistant Federal Public Defender, District of Arizona, Tucson, AZ, argued the cause and filed the briefs for the appellant. With him on the briefs were Jon M. Sands , Federal Public Defender, and Richard W. Raynor , Assistant Federal Public Defender, District of Arizona.

Bruce M. Ferg , Assistant United States Attorney, District of Arizona, Tucson, AZ, argued the cause and filed a brief for the appellee. With him on the brief were John S. Leonardo , United States Attorney, and Christina M. Cabanillas , Appellate Chief, District of Arizona.

Before: ALFRED T. GOODWIN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.


OPINION

O'SCANNLAIN, Circuit Judge:

This criminal appeal raises two issues of first impression. We are called upon to consider the demands of the Speedy Trial Act in the case of a superseding indictment as well as to explore the emerging parameters for the constitutional use of drug-detection dogs.

I

A

In the early afternoon on February 28, 2010, Jonathan Thomas approached a highway checkpoint in southern Arizona manned by the...

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