Monday, July 30, 2007

U.S. v. Billups excerpt

In conducting the inventory search Trooper Schneider observed a case of Red Bull and a case of Mountain Dew, both high caffeine beverages. He also noticed two pairs of high value sunglasses, a presumed indicator of criminal activity. The trooper concluded that the highly caffeinated beverages were evidence of extended periods of driving, a presumed practice of drug transporters who wished to avoid motels and thereby leave the vehicle unattended. The trooper also observed five pieces of luggage in the rear cargo space, an amount of baggage that appeared excessive to him. He further determined that the totality of circumstances established reasonable suspicion that drugs would be found in the vehicle, thereby *705 justifying a canine search for drugs. FN4 Trooper Schneider retrieved his certified drug dog Xena from the back seat of his squad car and walked the dog around the Pacifica.

U.S. v. Billups 442 F.Supp.2d 697, *704 -705 (D.Minn.,2006)

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