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FELDERS EX REL. SMEDLEY v. MALCOM

No. 12-4154.

755 F.3d 870 (2014)

Sherida FELDERS; Elijah Madyun, a minor, by and through LaToya SMEDLEY, his mother, Delarryon Hansend, Plaintiffs-Appellees, v. Jeff MALCOM, an Iron County Deputy and K-9 Unit Officer, Defendant-Appellant. and Brian Bairett, a Utah Highway Patrol Trooper, Defendant.

United States Court of Appeals, Tenth Circuit.

June 20, 2014.

Attorney(s) appearing for the Case

Frank D. Mylar , Mylar Law, P.C., Cottonwood Heights, UT, for Appellant.

Robert B. Sykes ( Alyson E. Carter and J.D. Lauritzen with him on the brief), Robert B. Sykes & Associates, P.C., Salt Lake City, UT, for Appellees.

Before TYMKOVICH, SEYMOUR, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

A Utah state trooper stopped Sherida Felders for speeding while on a trip from California to Colorado. Based on Felders's demeanor and several perceived inconsistences in the stories of Felders and her passengers as to why they were traveling to Colorado, the trooper, Brian Bairett, asked to search Felders's car for drugs. After Felders refused, Bairett called for assistance from K-9 Unit officer Jeff Malcom to conduct a dog sniff on Felders...

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