Federal 7th Circuit Court
Criminal Court
Motion to Suppress
Defendant pleaded guilty to two drug charges arising out of a traffic stop in which a dog sniff returned an alert on the vehicle, and argued on appeal that the district court erred when it denied his motion to suppress evidence. The Seventh Circuit affirmed, finding that an open-air sniff on a public road during an ordinary traffic stop conducted by a reliable drug detection dog was not a Fourth Amendment search because it did not disrupt any reasonable expectation of privacy. (BRENNAN and KOLAR, concurring)