United States v. Michael Delevan Engles, 481 F.3d 1243 (10th Cir. 2007). · Go Syfert
United States v. Michael Delevan Engles, 481 F.3d 1243 (10th Cir. 2007). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 9 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Hawley (2×)
10th Cir. · 2016 · quote attribution · 2 verbatim quotes · confidence high
a dog sniff of the exterior of a vehicle parked in a public place does, not require reasonable suspicion because it is not a fourth amendment intrusion.
cited Cited as authority (rule) State v. Kipers
Kan. Ct. App. · 2026 · confidence medium
United States v. Engles, 481 F.3d 1243, 1245 (10th Cir. 2007); Wilson, 320 Kan. at 416-17.
discussed Cited as authority (rule) Maria Anne Joseph v. The State of Wyoming
Wyo. · 2023 · confidence medium
Illinois v. Caballes, 543 U.S. 405, 408-09 , 125 S.Ct. 834, 837-38 , 160 L.Ed.2d 842 (2005); United States v. Place, 462 U.S. 696 , 103 S.Ct. 2637 , 77 L.Ed.2d 110 (1983); see also Wallace v. State, 2009 WY 152, ¶ 15 , 221 P.3d 967, 970-71 (Wyo. 2009); United States v. Engles, 481 F.3d 1243, 1245 (10th Cir. 2007).
cited Cited as authority (rule) United States v. Reyes
D. Kan. · 2016 · confidence medium
United States v. Moore, 795 F.3d 1224, 1228 (10th Cir.2015); United States v. Engles, 481 F.3d 1243, 1245-46 (10th Cir.2007).
discussed Cited as authority (rule) Felders v. Malcom
10th Cir. · 2014 · confidence medium
See Illinois v. Caballes, 543 U.S. 405, 409 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005) (dog sniff of exterior of automobile during lawful traffic stop did not “implicate legitimate privacy interests”); United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007) (“A dog sniff of the exterior of a vehicle parked in a public place does not require reasonable suspicion because it is not a Fourth Amendment intrusion.”).
discussed Cited as authority (rule) United States v. Harmon
D.N.M. · 2012 · confidence medium
After Caballes , we confirmed our position on this issue and held that “[a] dog sniff of the exterior of a vehicle parked in a public place ... is not a Fourth Amendment intrusion.” United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007).
discussed Cited as authority (rule) State of Texas v. Weaver, Roy Andrew
Tex. Crim. App. · 2011 · confidence medium
United States v. Dyson , 639 F.3d 230 -33 (6th Cir. 2011) (dog sniff of an unoccupied, parked Maxima at gas station "does not in itself require reasonable suspicion"); United States v. Perez , 440 F.3d 363 (6th Cir. 2006) (dog sniff of unoccupied Tahoe, which sat in the parking lot of the hotel and was not stopped, detained or moved, was not a search or seizure; no reasonable suspicion is required when using a drug-sniffing dog); United States v. Engles , 481 F.3d 1243, 1245 (10th Cir. 2007) (dog sniff of the exterior of a vehicle parked in a restaurant parking lot does not require reasonable …
discussed Cited as authority (rule) State of Texas v. Weaver, Roy Andrew
Tex. Crim. App. · 2011 · confidence medium
The problem in this case is that no one, except the prosecutor, characterized the place the van was parked as a suspicion is required when using a drug-sniffing dog); United States v. Engles, 481 F.3d 1243, 1245 (10th Cir. 2007) (dog sniff of the exterior of a vehicle parked in a restaurant parking lot does not require reasonable suspicion because it is not a Fourth Amendment intrusion); State v. Hobbs, 933 N.E.2d 1281, 1286-87 (Ind. 2010) (dog sniff of car in Pizza Hut lot, conducted under circumstances in which Hobbs was not unconstitutionally seized, not Fourth Amendment violation); Dowty v…
discussed Cited as authority (rule) State v. Weaver (2×)
Tex. Crim. App. · 2011 · confidence medium
LEXIS 7425, at *9 ("Because the trial judge could have determined that Weaver's consent to search for `Bear' had ended, the trial court could reasonably find that the officers, without establishing probable cause, were not entitled to search for other purposes unrelated to that of their initial search."). [36] 543 U.S. 405 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005). [37] Id. at 409 , 125 S.Ct. 834 . [38] Id. at 422 , 125 S.Ct. 834 (Ginsburg, J., dissenting) ("Today's decision ... clears the way for suspicionless, dog-accompanied drug sweeps of parked cars along sidewalks and in parking lots."). …
discussed Cited as authority (rule) United States v. Dyson
6th Cir. · 2011 · confidence medium
These two conclusions — that an unoccupied, parked vehicle has not been detained and that the use of a drug dog does not in itself require reasonable suspicion — together demonstrate that officers are free to perform dog sniffs on unoccupied parked cars without reasonable suspicion. *234 This is supported by case law from the Tenth Circuit, which has flatly stated that “[a] dog sniff of the exterior of a vehicle parked in a public place does not require reasonable suspicion because it is not a Fourth Amendment intrusion.” United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007); se…
discussed Cited as authority (rule) United States v. Lujan
10th Cir. · 2010 · confidence medium
In addressing this assertion, we note that while “[a] dog sniff of the exterior of a vehicle parked in a public place ... is not a Fourth Amendment intrusion,” a drug dog’s entry into a vehicle prior to the establishment of probable cause may raise Fourth Amendment concerns because “[pjeople have a reasonable expectation of privacy in the interior of their automobiles.” United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007); United States v. Stone, 866 F.2d 359, 363 (10th Cir.1989).
discussed Cited as authority (rule) United States v. Villa
10th Cir. · 2009 · confidence medium
After Caballes , we confirmed our position on this issue and *379 held that “[a] dog sniff of the exterior of a vehicle parked in a public place ... is not a Fourth Amendment intrusion.” United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007).
discussed Cited as authority (rule) State v. Haar
S.D. · 2009 · confidence medium
United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007) (holding dog sniff of a vehicle parked on a public street did not violate the Fourth Amendment when canine sniff was conducted after the driver was validly stopped and arrested for driving on a suspended license); United States v. Friend, 50 F.3d 548, 551-52 (8thCir.1995) (holding canine sniff of an unattended vehicle parked outside the curtilage of defendant's home was not a search within the meaning of the Fourth Amendment); Willoughby v. State, 76 Ark.App. 329 , 65 S.W.3d 453, 456 (2002) (holding canine sniff of commercial truck p…
cited Cited as authority (rule) United States v. Engles
10th Cir. · 2009 · confidence medium
United States v. Engles, 481 F.3d 1243, 1244 (10th Cir.2007).
discussed Cited as authority (rule) United States v. Roberts
D. Kan. · 2008 · confidence medium
“A dog sniff of the exterior of a vehicle parked in a public place does not require reasonable suspicion because it is not a Fourth Amendment intrusion.” United States v. Engles, 481 F.3d 1243, 1245-46 (10th Cir.2007) (citations omitted), cert. denied, — U.S. -, 128 S.Ct. 242 , 169 L.Ed.2d 161 .
discussed Cited as authority (rule) United States v. Thao
10th Cir. · 2008 · confidence medium
United States v. Engles, 481 F.3d 1243, 1245 (10th Cir.2007); United States v. Herrera, 444 F.3d 1238,1242 (10th Cir.2006). *133 Our study of the record leads us to conclude that, under a “totality” of the evidence, defendants’ “detention” was not “unreasonable.” United States v. Arvizu, 534 U.S. 266, 272 , 122 S.Ct. 744 , 151 L.Ed.2d 740 (2002); United States v. Soto, 988 F.2d 1548, 1555 (10th Cir.1993).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Michael Delevan ENGLES, Defendant-Appellant
06-5076.
Court of Appeals for the Tenth Circuit.
Mar 30, 2007.
481 F.3d 1243
David J. Phillips, Acting Federal Public Defender, and Barry L. Derryberry, Research & Writing Specialist, Office of Federal Public Defender, Northern & Eastern Districts of Oklahoma, Tulsa, OK, for De-fendanb-Appellant., David E. O’Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Tulsa, OK, for Plaintiff-Appellee.
Lucero, Hartz, Gorsuch.
Cited by 17 opinions  |  Published
HARTZ, Circuit Judge.

Michael Engles was indicted on November 9, 2005, in the United States District Court for the District of Oklahoma on six counts arising out of vehicle searches in May 2003 and May 2004. Each search led to three charges: convicted felon in possession of a firearm and ammunition, see 18 U.S.C. §§ 922(g)(1) and 924(a)(2); possession with intent to distribute controlled substances, see 21 U.S.C. § 841(a)(1) and (b)(1)(C); and possession of a firearm and ammunition in furtherance of a drug-trafficking crime, see 18 U.S.C. § 924(c)(1)(A). Before his jury trial Mr. Engles moved to suppress evidence obtained in the first search. After the motion was denied, he was tried by a jury and found guilty on all counts. On February 24, 2006, the district court sentenced him to 420 months’ imprisonment. He appeals, challenging the denial of his motion to suppress. He raises no challenge to his three convictions arising out of the May 2004 search. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

I. BACKGROUND

While on patrol just before midnight on May 27, 2003, Officer David Shelby saw Mr. Engles at a car wash in Tulsa, Oklahoma. Two months earlier Shelby had issued Mr. Engles a citation for driving with a suspended license. The day after that encounter an informant had told Shelby that Mr. Engles’s car had contained a large amount of methamphetamine that the officer had failed to detect. Shelby performed a computer check to determine whether Mr. Engles’s license was still suspended. It was, so when Mr. Engles drove away from the car wash, Shelby followed him and turned on his emergency lights. Mr. Engles stopped after turning[*1245] into a restaurant parking lot about three blocks from the car wash.

As he approached Mr. Engles’s vehicle, Officer Shelby saw the handle of a large sheath knife between the center console of the vehicle and Mr. Engles’s right leg. He drew his gun, ordered Mr. Engles and his passenger, Kimberly Dixon, out of the vehicle, and arrested Mr. Engles for driving under suspension. After conducting a records check on Ms. Dixon, he arrested her on an outstanding warrant for driving under suspension. A female police officer soon arrived to search Ms. Dixon and discovered on her person two bags of marijuana and two metal cylinders containing what appeared to be narcotics.

Officer Shelby called for a drug dog, which arrived within 25 minutes. Upon circling the vehicle the dog alerted to both the trunk and the driver’s door of the vehicle. Police officers opened the trunk and discovered a large duffle bag, which contained marijuana, methamphetamine, cocaine, and a loaded handgun. Once the vehicle was searched, it was towed and impounded in accordance with Tulsa Police Department procedures.

After his indictment Mr. Engles filed a motion to suppress the evidence found in his car. The district court denied the motion. On appeal Mr. Engles challenges that ruling.

II. DISCUSSION

“When reviewing the denial of a motion to suppress, we view the evidence in the light most favorable to the government, accept the district court’s findings of fact unless clearly erroneous, and review de novo the ultimate determination of reasonableness under the Fourth Amendment.” United States v. Apperson, 441 F.3d 1162, 1184 (10th Cir.2006) (internal quotation marks omitted).

Mr. Engles does not challenge the validity of the initial stop, his arrest, or the arrest of Ms. Dixon. But he contends that his vehicle was unlawfully detained while the officers awaited the drug dog, because they lacked reasonable suspicion to believe it contained contraband. The district court ruled that the discovery of drugs on Ms. Dixon provided reasonable suspicion.

In our view, however, reasonable suspicion was unnecessary. The officers did not “detain” the vehicle. They lawfully arrested Mr. Engles and his passenger. The automobile was parked in a restaurant parking lot; it was going nowhere. Because they were under arrest, neither Mr. Engles nor his passenger could drive it away. And Mr. Engles does not suggest that they were prohibited from contacting someone else to remove the car.

A dog sniff of the exterior of a vehicle parked in a public place does not require reasonable suspicion because it is not a Fourth Amendment intrusion. See United States v. Hunnicutt, 135 F.3d 1345, 1350 (10th Cir.1998) (“A canine sniff itself does not implicate Fourth Amendment rights because of the limited information it provides and its minimal intrusiveness.”) (citing United States v. Place, 462 U.S. 696, 707, 103 S.Ct. 2637, 77 L.Ed.2d 110 (1983)); United States v. Ludwig, 10 F.3d 1523, 1527 (10th Cir.1993) (“[Rjandom and suspicionless dog sniffs [of cars in open parking lots] are not searches subject to the Fourth Amendment.”). If the arresting officers had merely taken Mr. Engles and Ms. Dixon from the parking lot to jail, an officer who later came upon the scene could have employed a dog to sniff the exterior of the vehicle for drugs. It is irrelevant that the two arrestees remained at the scene from the time that the drug dog was summoned until it arrived.

It is undisputed that once the dog alerted to the trunk and side door, the officers had probable cause to search the car and its contents. See United States v. Rosbor- [*1246] ough, 366 F.3d 1145, 1152 (10th Cir.2004). The conduct of the officers was therefore lawful throughout the incident.

Because no illegality tainted the actual search, we need not address the district court’s alternative ruling that even if the actual search were unlawful, the evidence would inevitably have been acquired in a lawful inventory search.

III. CONCLUSION

We AFFIRM the judgment below.