United States v. Kelvin R. Lyons, United States of Am. v. Michael C. Elma, 486 F.3d 367 (8th Cir. 2007). · Go Syfert
United States v. Kelvin R. Lyons, United States of Am. v. Michael C. Elma, 486 F.3d 367 (8th Cir. 2007). Cases Citing This Book View Copy Cite
95 citation events (95 in the last 25 years) across 35 distinct courts.
Strongest positive: The People of the State of Colorado v. Tien Dinh Pham (colo, 2025-02-03)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) The People of the State of Colorado v. Tien Dinh Pham (3×) also: Cited as authority (rule), Cited "see, e.g."
Colo. · 2025 · quote attribution · 1 verbatim quote · confidence high
appellants do not cite to any authority that holds that the officers had the affirmative duty to close the windows in preparation for the dog sniff, and we find none.
discussed Cited as authority (verbatim quote) People v. Sanchez
Ill. App. Ct. · 2022 · quote attribution · 1 verbatim quote · confidence high
absent police misconduct, the instinctive actions of a trained canine do not violate the fourth amendment.
discussed Cited as authority (verbatim quote) State v. Ruiz
Utah Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
absent police misconduct, the instinctive actions of a trained canine do not violate the fourth amendment.
discussed Cited as authority (verbatim quote) STATE OF NEW JERSEY VS. TYQUAN FUQUA STATE OF NEW JERSEY VS. DEREK FUQUA STATE OF NEW JERSEY VS. CHANELL VIRGIL STATE OF NEW JERSEY VS. TREVIS THOMAS (14-04-0026, MIDDLESEX COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2021 · quote attribution · 1 verbatim quote · confidence high
absent police misconduct, the instinctive actions of a trained canine do not violate the fourth amendment.
examined Cited as authority (verbatim quote) United States v. Russell Shen
5th Cir. · 2018 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
appellants do not cite to any authority that holds 10 case: 17-11253 document: 00514640537 page: 11 date filed: 09/13/2018 no. 17-11253 c/w 17-11260 that the officers had the affirmative duty to close the windows in preparation for the dog sniff, and we find none.
discussed Cited as authority (rule) ORGAN, COURTNEY JAMES-VARNELL v. the State of Texas (2×) also: Cited "see, e.g."
Tex. Crim. App. · 2025 · confidence medium
Appx. 256 , 263 (5th Cir. 2018); United States v. Iverson, 897 F.3d 450, 461 (2d Cir. 2018); United States v. Guidry, 817 F.3d 997, 1006 (7th Cir. 2016); United States v. Sharp, 689 F.3d 616 , 619–20 (6th Cir. 2012); United States v. Pierce, 622 F.3d 209 , 213–15 (3d Cir. 2010); United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007); United States 1 The majority dismisses Keller despite its post-dating Jones because the dog’s nose did not physically enter the car’s interior airspace.
discussed Cited as authority (rule) Juan C. Ocampo v. State of Indiana
Ind. Ct. App. · 2025 · confidence medium
Thus, the resolution of this appeal requires us to examine the legality of Swag’s interior sniff. [24] Though an Indiana appellate court has yet to address this issue, we observe that the federal circuit courts have consistently adopted the instinctive entry rule, under which a K9’s entry into a vehicle is not a Fourth Amendment search where there “is no indication that the officers intended to facilitate the dog’s entry into the car.” United States v. Guidry, 817 F.3d 997, 1006 (7th Cir. 2016), cert. denied; see also United States v. Pierce, 622 F.3d 209, 214-15 (3d Cir. 2010) (find…
discussed Cited as authority (rule) State v. Barton
Ohio Ct. App. · 2025 · confidence medium
See, e.g., United States v. Sharp, 689 F.3d 616, 619 (6th Cir. 2012), cert. denied, 568 U.S. 1056 (2012) (noting that the unanimous view of the circuits considering the issue is that where a drug-detecting canine, without any command or encouragement by law enforcement, “instinctive[ly] jump[s]” into a private vehicle on its own initiative, its action does not violate the Fourth Amendment (citing decisions of the Third, Eighth, and Tenth Circuits)); United States v. Pierce, 622 F.3d 209, 214-215 (3d Cir. 2010) (concluding that no Fourth Amendment violation occurred when a dog jumped instin…
discussed Cited as authority (rule) United States v. Emiliano Munoz
8th Cir. · 2025 · confidence medium
“Absent police misconduct, the instinctive actions of a trained canine do not violate the Fourth Amendment.” United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007) (holding a drug dog sticking his head through an open window was not a search because the dog did so “on his own” and “was not directed” to do so).
discussed Cited as authority (rule) United States v. Jose Rolando Gonzalez (2×) also: Cited "see"
8th Cir. · 2025 · confidence medium
“An officer may expand the scope of a traffic stop beyond the initial reason for the stop and prolong the detention if the driver’s responses and the circumstances give rise to a reasonable suspicion that criminal activity unrelated to the stop is afoot.” United States v. Chavez Loya, 528 F.3d 546, 553 (8th Cir. 2008) (citing United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007)).
discussed Cited as authority (rule) Aunhkhotep v. Kopfensteiner
E.D. Mo. · 2025 · confidence medium
With respect to canine searches of vehicles during traffic stops, in United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007), the Eighth Circuit Court of Appeals held: “Absent police misconduct, the instinctive actions of a trained canine do not violate the Fourth Amendment.” Although Lyons has never been overruled, the Eighth Circuit called the Lyons decision into question in United States v. Pulido-Ayala, 892 F.3d 315 (8th Cir. 2018).
discussed Cited as authority (rule) The State of Texas v. Courtney James-Varnell Organ
Tex. App. · 2024 · confidence medium
See United States v. Guidry, 817 F.3d 6 997, 1005-06 (7th Cir. 2016); United States v. Moore, 795 F.3d 1224, 1231-33 (10th Cir. 2015); United States v. Sharp, 689 F.3d 616, 618-20 (6th Cir. 2012); United States v. Mostowicz, 471 F. App’x 887, 890-91 (11th Cir. 2012) (per curiam); United States v. Pierce, 622 F.3d 209, 213-15 (3rd Cir. 2010); United States v. Lyons, 486 F.3d 367, 373-74 (8th Cir. 2007).
discussed Cited as authority (rule) State of Iowa v. Kyra Rose Bauler
Iowa · 2024 · confidence medium
Even before Jardines, the federal courts of appeals that addressed the issue qualified their “holding[s] that a dog’s instinctive jump into a car does not violate the Fourth Amendment” by adding: “as long as the canine enters the vehicle on its own initiative and is neither encouraged nor placed into the vehicle by law enforce- ment.” United States v. Sharp, 689 F.3d 616 , 619–20 (6th Cir. 2012) (discussing, and joining, the holdings in United States v. Pierce, 622 F.3d 209 , 213–14 (3d Cir. 2010); United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007); and United States v. St…
discussed Cited as authority (rule) Howard v. Weidemann
D. Minnesota · 2021 · confidence medium
Weidemann began with a reasonable suspicion to conduct a traffic stop after he observed Howard’s vehicle traveling faster than the posted speed limit.4 E.g., United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007).
discussed Cited as authority (rule) James D. Cribbs v. State of Arkansas
Ark. Ct. App. · 2020 · confidence medium
In holding that the stop was valid, the Eighth Circuit stated, “‘[I]t is well established that a traffic violation—however minor—creates probable cause to stop the driver of a vehicle.’” Thompson, 533 F.3d at 969 (citing United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996)).
discussed Cited as authority (rule) United States v. Jose Sanchez
8th Cir. · 2020 · confidence medium
“When an officer makes a routine traffic stop, the officer is entitled to conduct an investigation reasonably related in scope to the circumstances that initially prompted the stop.” United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (quotation marks and citation omitted).
discussed Cited as authority (rule) State v. Barry
S.D. · 2018 · confidence medium
United States v. Woods, 829 F.3d 675 , 680 (8th Cir. 2016) (approving a roughly 20-minute wait for a drug dog supported by reasonable suspicion); United States v. Sanford , 806 F.3d 954 , 959 (7th Cir. 2015) (holding a delay of eight minutes before the drug dog arrived was not unreasonable after the officer developed reasonable suspicion of drug activity during a traffic stop); Riley, 684 F.3d at 761 (upholding a 54-minute stop, caused by the delayed arrival of a drug dog, that was supported by reasonable suspicion); United States v. Pettit, 785 F.3d 1374 , 1378, 1383 (10th Cir. 2015) (prolong…
discussed Cited as authority (rule) Raul De La Rosa v. Mark White
8th Cir. · 2017 · confidence medium
Rather than “a robust consensus of cases of persuasive authority” favoring the district court’s resolution of this difficult issue, our prior cases have found reasonable suspicion upholding the extension of traffic stops by officers relying on similar facts: —In Riley, 684 F.3d at 764 , we concluded that a Missouri trooper acquired reasonable suspicion to extend a traffic stop pending arrival of a drug dog based on the traveler’s undue nervousness, 3 “difficulty in answering basic questions about his itinerary,” and “failure to be forthright about his criminal history relating …
discussed Cited as authority (rule) State of Iowa v. Jonathon D. George
Iowa Ct. App. · 2016 · confidence medium
See United States v. Guidry, 817 F.3d 997, 1006 (7th Cir. 2016) (finding no Fourth Amendment violation where there was no indication that the officers intended to facilitate the dog putting its head through the open door); United States v. Sharp, 689 F.3d 616, 620 (6th Cir. 2012) (holding a dog’s instinctive jump through open window without encouragement or facilitation by the dog’s handler did not violate the Fourth Amendment), cert. denied, 133 S. Ct. 777 (2012); United States v. Mostowicz, 471 F. App’x 887, 891 (11th Cir. 2012) (finding dog’s act of jumping instinctively into the ca…
discussed Cited as authority (rule) United States v. Chaney (2×) also: Cited "see, e.g."
E.D. Mo. · 2016 · confidence medium
Trooper Johnson Did Not Have Reasonable Suspicion to Extend the Stop, “An officer may expand the scope of a traffic stop beyond the initial reason for the stop and prolong the detention if the driver’s responses and the circumstances give rise to a reasonable suspicion that criminal activity unrelated to the stop is afoot.” United States v. Chavez Loya, 528 F.3d 546, 553 (8th Cir.2008), See also United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (“If, during a traffic stop, an officer develops a reasonable, articulable suspicion that a vehicle is carrying contraband, he has justi…
discussed Cited as authority (rule) United States v. Jason Guidry
7th Cir. · 2016 · confidence medium
See United States v. Pierce, 622 F.3d 209, 214-15 (3d Cir.2010) (concluding that no Fourth Amendment, violation occurred when a dog jumped instinctively though an open car door “without facilitation by its handler”); United States v. Lyons, 486 F.3d 367, 373-74 (8th Cir.2007) (finding no Fourth Amendment violation when a dog stuck his head instinctively though a van’s open window without being directed to do so by officers); United States v. Stone, 866 F.2d 359 ; 363-64 (10th Cir.1989) (finding no Fourth Amendment violation when a dog jumped instinctively into defendant’s open hatchbac…
discussed Cited as authority (rule) United States v. Gregory Sanford
7th Cir. · 2015 · confidence medium
See United States v. Pettit, 785 F.3d 1374, 1378, 1383 (10th Cir.2015) (reasonable suspicion justified the trooper in prolonging the stop by 15 minutes to wait for the arrival of the drug dog); United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007) (a 31-minute wait for the drug dog to arrive was reasonable because there was reasonable suspicion that drugs would be found in the vehicle).
discussed Cited as authority (rule) State v. Freddie Anthony Naranjo (2×)
Idaho Ct. App. · 2015 · confidence medium
United States v. Sharp, 689 F.3d 616, 620 (6th Cir.2012) (no search when dog jumped through open window without facilitation by police); United States v. Pierce, 622 F.3d 209, 214-15 (3d Cir.2010) (no search when, without facilitation by police, dog entered car door opened by defendant); United States v. Lyons, 486 F.3d 367, 373-74 (8th Cir.2007) (no search when, without facilitation by police, dog’s head entered window opened by passenger); United States v. Stone, 866 F.2d 359, 364 (10th Cir.1989) (no search when dog jumped in hatchback that was not opened to permit dog to enter and police …
discussed Cited as authority (rule) United States v. Harrell
A.F.C.C.A. · 2015 · confidence medium
See United States v. Sharp, 8 ACM 38538 689 F.3d 616, 620 (6th Cir. 2012); United States v. Pierce, 622 F.3d 209, 214-16 (3d Cir. 2010); United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007); United States v. Stone, 866 F.2d 359, 364 (10th Cir. 1989).
discussed Cited as authority (rule) United States v. Rivera
unknown court · 2015 · confidence medium
See United States v. Vazquez, 555 F.3d 923 ,“ 930 (10th Cir.2009) (no constitutional violation where “(1) the dog’s leap into the car was instinctual rather than orchestrated, and (2) the officers did not ask the driver to open the point of entry, such as a hatchback or window, used by the dog”); United States v. Sharp, 689 F.3d 616, 619-20 (6th Cir.2012), cert. denied, — U.S. -, 133 S.Ct. 777 , 184 L.Ed.2d 514 (2012) (“It is a Fourth Amendment violation for a narcotics detection dog to jump into a car because of something the police did, like training the dog to jump into cars as …
examined Cited as authority (rule) Felders v. Malcom (3×) also: Cited "see, e.g."
10th Cir. · 2014 · confidence medium
See United States v. Vazquez, 555 F.3d 923, 930 (10th Cir.2009) (no constitutional violation where “(1) the dog’s leap into the car was instinctual rather than orchestrated, and (2) the officers did not ask the driver to open the point of entry, such as a hatchback or window, used by the dog.”); see also United States v. Winningham, 140 F.3d 1328, 1331 (10th Cir.1998) (dog’s jump into car through door officers opened and where evidence indicated a desire to facilitate the dog’s entrance into the interior violated the Fourth Amendment); cf. United States v. Stone, 866 F.2d 359, 364 (1…
cited Cited as authority (rule) Allen v. Thompson
W.D. Ky. · 2014 · confidence medium
See United States v. Sharp, 689 F.3d 616, 619 (6th Cir.2012); United States v. Lyons, 486 F.3d 367, 373 (8th Cir.2007).
discussed Cited as authority (rule) United States v. $102,836.00 in United States Currency
D. Nev. · 2014 · confidence medium
See, e.g., United States v. Bracamontes, 614 F.3d 813, 816 (8th Cir.2010) (inconsistent statements as to the purpose of travel by occupants of a vehicle established the requisite reasonable suspicion to justify detainment for further investigation); United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007) (combination of detainee’s unusual itinerary, contradictory statements regarding travel, and large amount of luggage for a comparatively short trip, when viewed together, warranted further investigation).
discussed Cited as authority (rule) State v. Stover
Mo. · 2012 · confidence medium
See State v. Waldrup, 331 S.W.3d 668, 674 (Mo. banc 2011); United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (circumstances that establish reasonable and articulable suspicion that the vehicle is carrying contraband provide justification for greater intrusion unrelated to the traffic offense).
discussed Cited as authority (rule) United States v. David Sharp (2×) also: Cited "see"
6th Cir. · 2012 · confidence medium
See, e.g., United States v. Pierce, 622 F.3d 209, 213-14 (3d Cir.2010); United States v. Lyons, 486 F.3d 367, 373 (8th Cir.2007); United States v. Stone, 866 F.2d 359, 364 (10th Cir.1989).
discussed Cited as authority (rule) United States v. Ezra Mostowicz
11th Cir. · 2012 · confidence medium
See United States v. Pierce, 622 F.3d 209, 213-14 (3rd Cir.2010) (concluding that no Fourth Amendment violation occurred when a dog jumped instinctively through an open car door “without facilitation by his handler”); United States v. Vazquez, 555 F.3d 923, 930 (10th Cir. 2009) (stating that “we have upheld the legality of [a dog] sniff during a lawful detention when, as here, (1) the dog’s leap into the car was instinctual rather than orchestrated and (2) the officers did not *891 ask the driver to open the point of entry ... used by the dog”); United States v. Lyons, 486 F.3d 367, …
discussed Cited as authority (rule) United States v. Williams (2×) also: Cited "see"
D. Minnesota · 2010 · confidence medium
This Court finds that, as the open window was the strongest source of the odor, there is little doubt that the dog would have ultimately detected the narcotics, “even if he had been reined back and held outside the plane of the window track.” Lyons, 486 F.3d at 374 (upholding a district court’s finding that the dog would have inevitably smelled the odor of drugs).
discussed Cited as authority (rule) State v. Woods
Mo. Ct. App. · 2009 · confidence medium
See, e.g., State v. Peterson, 964 S.W.2d 854 , 857 (Mo.App.1998) (finding an investigation of fifteen minutes reasonable); State v. Logan, 914 S.W.2d 806, 809 (MoApp. 1995) (finding length of detention reasonable where canine unit arrived thirty-two minutes after being summoned); State v. Joyce, 885 S.W.2d 751, 754-56 (Mo.App. 1994) (finding ten minute period between request for canine unit and dog’s arrival reasonable); U.S. v. Payne, 534 F.3d 948, 951-52 (8th Cir.2008) (finding a traffic stop of thirty-nine minutes reasonable where *638 the detaining officer did not exceed the proper scope…
discussed Cited as authority (rule) United States v. Hugo Thompson, Jr.
8th Cir. · 2008 · confidence medium
With respect to the vehicle stop, Thompson objects to the fact that Detective Hollocher did not see the traffic violation and instead relied on the report of the city officer. “‘[I]t is well established that a traffic violation-- however minor--creates probable cause to stop the driver of a vehicle.’” United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir. 1996)).
discussed Cited as authority (rule) United States v. Thompson
8th Cir. · 2008 · confidence medium
With respect to the vehicle stop, *969 Thompson objects to the fact that Detective Hollocher did not see the traffic violation and instead relied on the report of the city officer. “ ‘[I]t is well established that a traffic violation-however minor-creates probable cause to stop the driver of a vehicle.’ ” United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (quoting United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996)).
discussed Cited "see" T.K. v. Cleveland
W.D. Mo. · 2020 · signal: see · confidence high
See United States v. Chavez Loya, 528 F.3d 546, 553 (8th Cir. 2008) (quoting United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007)) (“While ‘reasonable suspicion’ must be more than an inchoate ‘hunch,’ the Fourth Amendment only requires that police articulate some minimal, objective justification for an investigatory stop.”); Thomas v. Dickel, 213 F.3d 1023, 1025 (8th Cir. 2000) (finding that the “absence of visible shoulder harness pulled down and across a driver” provided police with reasonable suspicion that the plaintiffs were violating the law requiring seatbelts to be…
cited Cited "see" STATE OF NEW JERSEY VS. NESTOR BALBI (17-06-0767, BERGEN COUNTY AND STATEWIDE)
N.J. Super. Ct. App. Div. · 2020 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 373 (8th Cir. 2007).
discussed Cited "see" State v. Jonathan Ross Mathews
Idaho Ct. App. · 2013 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 372 (8th Cir. 2007) (holding that the defendant having a large amount of luggage, when the defendant stated he was going on a short trip, was suspicious); United States v. Ledesma, 447 F.3d 1307, 1319 (10th Cir. 2006) (holding that having a small amount of luggage, when the defendant said he was going on a long trip, was suspicious).
discussed Cited "see" United States v. Jesus Quintero-Felix
8th Cir. · 2013 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007) (holding that thirty-one-minute wait for arrival of drug dog was neither excessive nor unreasonable extension of traffic stop). 6 Even if Officer McKinney lacked reasonable suspicion to extend the stop, the facts here establish that his actions were nonetheless proper because a reasonable officer could have concluded that Quintero-Felix consented to the extension of the stop.
discussed Cited "see" United States v. Smith (2×) also: Cited "see, e.g."
8th Cir. · 2011 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007), citing Illinois v. Caballes, 543 U.S. 405, 407-08 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005); United States v. Linkous, 285 F.3d 716, 720 (8th Cir.2002); see also United States v. Yang, 345 F.3d 650, 656 (8th Cir.2003), cert. denied, 541 U.S. 952 , 124 S.Ct. 1694 , 158 L.Ed.2d 384 (2004). [2] (3) At this point, Smith, who was standing just outside his car, became agitated to the extent that Officer Gomez feared he might begin fighting with Gomez and her female partner.
discussed Cited "see" United States v. Smith (2×) also: Cited "see, e.g."
8th Cir. · 2011 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007), citing Illinois v. Caballes, 543 U.S. 405, 407-08 , 125 S.Ct. 834 , 160 L.Ed.2d 842 (2005); United States v. Linkous, 285 F.3d 716, 720 (8th Cir.2002); see also United States v. Yang, 345 F.3d 650, 656 (8th Cir.2003), cert. denied, 541 U.S. 952 , 124 S.Ct. 1694 , 158 L.Ed.2d 384 (2004). 2 (3) At this point, Smith, who was standing just outside his car, became agitated to the extent that Officer Gomez feared he might begin fighting with Gomez and her female partner.
discussed Cited "see" United States v. Magallanes
D. Neb. · 2010 · signal: see · confidence high
See Filing No. 26-Brief, p. 1. “[T]he officer [is] entitled to conduct an investigation reasonably related in scope to the circumstances that initially prompted the stop.” United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (quoting United States v. McCoy, 200 F.3d 582, 584 (8th Cir.2000) (per curiam)).
discussed Cited "see" United States v. Shafer
8th Cir. · 2010 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 372 (8th Cir.2007) (holding that a thirty-one minute delay between the issuance of a warning ticket and the arrival of the canine unit was not unreasonable given that the officer called for the nearest available canine unit immediately after developing a reasonable suspicion of narcotics possession and was denied permission to search).
discussed Cited "see" United States v. Charles West, III
8th Cir. · 2008 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 373 (8th Cir.2007) (“Absent police misconduct, the instinctive actions of a trained canine [sniffing the interior of a vehicle] do not violate the Fourth Amendment.”) (citations omitted); United States v. Williams, 429 F.3d 767, 772 (8th Cir.2005) (“The use of [a] drug-sniffing dog on the exterior of a vehicle during a valid traffic stop does not infringe upon any Fourth Amendment Rights.”) (emphasis added); United States v. Hutchinson, 471 F.Supp.2d 497 , 505-510 *567 (M.D.Pa.2007) (discussing various federal courts’ analysis as to the const…
discussed Cited "see" United States v. Chavez Loya
8th Cir. · 2008 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 371 (8th Cir.2007) (“If, during a traffic stop, an officer develops a reasonable, articulable suspicion that a vehicle is carrying contraband, he has ‘justification for a greater intrusion unrelated to the traffic offense.’ ”) (quoting United States v. Bloomfield, 40 F.3d 910, 918 (8th Cir.1994) (en banc)).
discussed Cited "see" United States v. Noe Loya
8th Cir. · 2008 · signal: see · confidence high
See -9- United States v. Lyons, 486 F.3d 367, 371 (8th Cir. 2007) (“If, during a traffic stop, an officer develops a reasonable, articulable suspicion that a vehicle is carrying contraband, he has ‘justification for a greater intrusion unrelated to the traffic offense.’” (quoting United States v. Bloomfield, 40 F.3d 910, 918 (8th Cir. 1994) (en banc)).
discussed Cited "see" United States v. Bullock
D.C. Cir. · 2007 · signal: see · confidence high
See United States v. Lyons, 486 F.3d 367, 371 (8th Cir. *349 2007) (officer may detain motorist while completing “certain routine tasks related to the traffic violation, such as writing a citation”),
discussed Cited "see, e.g." State of Iowa v. Ashlee Marie Mumford
Iowa · 2024 · signal: see, e.g. · confidence low
See, e.g., United States v. Lyons, 486 F.3d 367 , 373–74 (8th Cir. 2007) (affirming denial of motion to suppress where K-9 unit breached cabin of vehicle through open window and there was no evidence that peace officers opened the window or directed the window to be opened); Handley, 2024 WL 1536750 , at *9 (denying motion to suppress where K-9’s head entered window and concluding that suppression was not required because “this conduct is not culpable enough to trigger the harsh sanction of exclusion”).
discussed Cited "see, e.g." State of Iowa v. Ashlee Marie Mumford
Iowa · 2024 · signal: see, e.g. · confidence low
See, e.g., United States v. Lyons, 486 F.3d 367 , 373–74 (8th Cir. 2007) (affirming denial of motion to suppress where K-9 unit breached cabin of vehicle through open window and there was no evidence that peace officers opened the window or directed the window to be opened); Handley, 2024 WL 1536750 , at *9 (denying motion to suppress where K-9’s head entered window and concluding that suppression was not required because “this conduct is not culpable enough to trigger the harsh sanction of exclusion”).
discussed Cited "see, e.g." State v. Ashley Jean Campbell (2×)
Wis. Ct. App. · 2024 · signal: see also · confidence medium
“As important, at the point that [the canine’s] head supposedly entered [the vehicle], the officers had probable cause to search the interior because [the canine] indicated that the car contained drugs while sniffing the car’s perimeter.” Id.; see also United States v. Lyons, 486 F.3d 367, 371-74 (8th Cir. 2007); United States v. Pierce, 622 F.3d 209, 211-15 (3d Cir. 2010). 15 No. 2020AP1813-CR 61, ¶¶19-20, 511 P.3d 1226 ; United States v. Mostowicz, No. 11-11900, 2012 WL 2161269 , at *3 (11th Cir. June 14, 2012). ¶34 In total, our review of cases from other jurisdictions that adopt…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Kelvin R. LYONS, Appellant; United States of America, Appellee, v. Michael C. Elma, Appellant
06-3292, 06-3344.
Court of Appeals for the Eighth Circuit.
May 16, 2007.
486 F.3d 367
2007 U.S. App. LEXIS 11411
2007 WL 1427036
Michael J. Hanson, AFPD, argued, Lincoln, NE, for appellant Kelvin R. Lyons., Sean J. Brennan, argued, Lincoln, NE, for appellant Michael C. Elma., Sara E. Fullerton, AUSA, argued, Lincoln, NE, for appellee.
Loken, Bye, Shepherd.
Cited by 58 opinions  |  Published
SHEPHERD, Circuit Judge.

Kelvin R. Lyons and Michael C. Elma pled guilty to possession with intent to distribute less than fifty kilograms of marijuana. See 21 U.S.C. § 841(a)(1), (b)(1). The district court [1] sentenced Lyons and Elma to eighteen and twenty-seven months imprisonment, respectively. In two issues on appeal, appellants contest the district court’s denial of their motions to suppress. Specifically, appellants contend that the district court erred in concluding that (1) the arresting officer had reasonable suspicion to detain appellants after the officer concluded the traffic stop, and (2) the canine search of appellants’ vehicle was legal. We affirm the judgments of conviction.

I.

On September 5, 2005, Trooper Wendy Brehm of the Nebraska State Patrol stopped a white Dodge Caravan for speeding on Interstate 80 in Hamilton County, Nebraska. Trooper Brehm approached the vehicle on the passenger side and advised the driver, Lyons, that he was speeding. Lyons admitted that he had been speeding, and provided Trooper Brehm with his driver’s license and a copy of the rental agreement for the van, which showed that he had rented the van in Phoenix three days earlier. Trooper Brehm later testified that she saw several[*370] large suitcases in the backseat area of the vehicle during this initial contact.

Lyons accompanied Trooper Brehm to her patrol car where Brehm inquired about Lyons’s travel plans. Lyons stated that he had been in Phoenix for three days visiting friends at Arizona State University, and that he and his passenger, Elma, were traveling home to Ohio. Upon further questioning by Trooper Brehm about his friends’ class status at Arizona State, Lyons told Brehm that his friends did not attend the university, but merely lived in Tempe.

Trooper Brehm asked Lyons how he and Elma had traveled to Phoenix, and Lyons responded that they flew to Phoenix but decided to drive back to Ohio. Trooper Brehm then asked about the notation on the rental agreement showing the van was due to be returned in Chicago, and Lyons explained that he and Elma planned to return the car in Chicago, visit Elma’s cousin for a day, and then rent a different car for the return trip to Ohio.

Trooper Brehm issued Lyons a warning citation for speeding and asked him “Can you just wait here a minute while I go talk to [Elma]?” Lyons responded, “Sure.” Lyons remained in the patrol car while Trooper Brehm spoke with Elma, who was still in the van. Elma told Trooper Brehm that he came to Arizona to visit a friend in Tucson, and that he and Lyons were headed back to Ohio and did not plan on making any stops. When Trooper Brehm asked Elma if he knew where the van was to be returned, Elma told her that it was to be returned in Illinois, but that he did not know why, and that he thought that he and Lyons were going to fly home to Ohio from Illinois.

Trooper Brehm returned to her patrol car and asked Lyons if she could search the vehicle. Lyons declined, and Trooper Brehm requested a K-9 unit.

Sergeant Andrew J. Duis and his dog, Capone, arrived twenty-five minutes later, and Trooper Brehm told him that the front windows of the van were open. Sgt. Duis gave Capone the search command, and they walked around the vehicle. Sgt. Duis later testified that during this initial trip around the van, Capone alerted several times and nearly indicated to the presence of narcotics. On the second lap around the van, Capone stuck his head through the open passenger-side window and then sat down beside the front passenger door, his indication that he had found the strongest source of the odor of narcotics. The officers searched the van based on Capone’s indication of the presence of narcotics and found 106 pounds of marijuana and $29,685 in cash.

Appellants were arrested and charged with possession with the intent to distribute less than fifty kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1). The government sought forfeiture of the cash pursuant to 21 U.S.C. § 853.

Appellants filed motions to suppress. A magistrate judge recommended the denial of the motions, and appellants filed objections to his report and recommendations. After de novo review, the district court adopted the report and recommendations and dismissed the motions to suppress.

Appellants pled guilty and agreed to forfeit $25,650, but reserved their rights to appeal the denials of their suppression motions. Both appealed.

II.

When reviewing a district court’s denial of a motion to suppress, we examine for clear error the district court’s factual findings and review de novo the ultimate question of whether the Fourth Amendment was violated during the search. Ornelas v. United States, 517 U.S. 690,[*371] 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996); United States v. Janis, 387 F.3d 682, 686 (8th Cir.2004).

III.

Appellants contend that the district court erred when it determined that Trooper Brehm had reasonable suspicion to detain appellants after issuing Lyons a warning for speeding. Specifically, appellants contend that, upon giving Lyons the warning ticket, Trooper Brehm ended the traffic stop and was required to terminate the detention because she had no reasonably articulable suspicion that either passenger was engaged in criminal activity.

“[I]t is well established that a traffic violation-however minor-creates probable cause to stop the driver of a vehicle.” United States v. Barry, 98 F.3d 373, 376 (8th Cir.1996) (quoting United States v. Barahona, 990 F.2d 412, 416 (8th Cir.1993)). When an officer makes a routine traffic stop, “the officer [is] entitled to conduct an investigation reasonably related in scope to the circumstances that initially prompted the stop.” United States v. McCoy, 200 F.3d 582, 584 (8th Cir.2000) (per curiam). The officer also may detain a motorist while the officer completes certain routine tasks related to the traffic violation, such as writing a citation and completing computerized checks of a driver’s license, vehicle registration, and criminal history. United States v. $404,905.00 in United States Currency, 182 F.3d 643, 647 (8th Cir.1999).

Once the officer decides to let a routine traffic offender depart with a ticket, a warning, or an all clear, “the Fourth Amendment applies to limit any subsequent detention or search.” United States v. Alexander, 448 F.3d 1014, 1016 (8th Cir.2006). The officer cannot continue to detain a motorist after the initial stop is completed unless the officer has “a reasonably articulable suspicion for believing that criminal activity [is] afoot.” See United States v. Beck, 140 F.3d 1129, 1134 (8th Cir.1998). “If, during a traffic stop, an officer develops a reasonable, articulable suspicion that a vehicle is carrying contraband, he has ‘justification for a greater intrusion unrelated to the traffic offense.’ ” United States v. Bloomfield, 40 F.3d 910, 918 (8th Cir.1994) (en banc) (quoting United States v. Cummins, 920 F.2d 498, 502 (8th Cir.1990)).

Trooper Brehm stopped Lyons for speeding after estimating that he was exceeding the posted speed limit and verifying his speed with VASCAR, a vehicle speed measuring system. Lyons conceded that he was speeding and does not challenge the fact on appeal. Thus, Trooper Brehm’s conclusion that the van was speeding was reasonable, and there was probable cause for the stop. See Illinois v. Caballes, 543 U.S. 405, 407, 125 S.Ct. 834, 160 L.Ed.2d 842 (2005); see also United States v. Pipes, 125 F.3d 638, 639-40 (8th Cir.1997). When Trooper Brehm gave Lyons the warning ticket, the traffic stop ended.

However, by the time Trooper Brehm issued the warning ticket, she had developed reasonable suspicion of illegal activity sufficient to detain Lyons and Elma for further investigation. While “reasonable suspicion” must be more than an inchoate “hunch,” the Fourth Amendment only requires that police articulate some minimal, objective justification for an investigatory stop. United States v. Sokolow, 490 U.S. 1, 7, 109 S.Ct. 1581, 104 L.Ed.2d 1 (1989). In determining whether Trooper Brehm had reasonable suspicion, we must consider the totality of the circumstances in light of Brehm’s experience. See United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 151 L.Ed.2d 740 (2002);[*372] United States v. Fuse, 391 F.3d 924, 929 (8th Cir.2004). “Although each factor giving rise to reasonable suspicion may appear innocent when viewed by itself, ‘a combination of factors may warrant further investigation when viewed together.’ ” Fuse, 391 F.3d at 929 (quoting United States v. Linkous, 285 F.3d 716, 720 (8th Cir.2002)).

Trooper Brehm, an experienced officer trained in highway drug interdiction, testified at the suppression hearing about several facts she learned during the traffic stop that raised her suspicion: (1) Lyons’s unusual itinerary, which involved flying to Phoenix from Ohio, staying three days in Phoenix, then renting a van in Phoenix and driving to Chicago, then dropping off the van and renting a different car to drive back to Ohio; (2) Lyons’s contradictory descriptions of the friends that he had just visited, whom he first said were students at Arizona State University, but later said that they did not attend the university but merely lived in Tempe; and (3) the large amount of luggage for a trip lasting a short duration. The termination of the traffic stop did not effectively erase the objectively reasonable suspicion developed by Trooper Brehm during the traffic stop. See Fuse, 391 F.3d at 929.

Appellants further contend that the length of the detention, approximately thirty-one minutes between the issuance of the warning ticket and the arrival of the drug dog, was unreasonable. A dog sniff may be the product of an unconstitutional seizure if the traffic stop is unreasonably prolonged before the dog is employed. Caballes, 543 U.S. at 407-08, 125 S.Ct. 834. However, “[wjhen police need the assistance of a drug dog in roadside Terry stops, it will in general take time to obtain one ... the state highway patrol cannot be expected to have drug dogs immediately available to all officers in the field at all times.” Bloomfield, 40 F.3d at 917.

In the instant, Trooper Brehm called for the nearest available drug dog immediately after she developed a reasonable suspicion of narcotics possession and was denied permission to search. The nearest dog was assigned to Sgt. Duis, who was not yet on duty when he got the call. Sgt. Duis arrived thirty-one minutes after Trooper Brehm gave Lyons the warning ticket, and twenty-five minutes after Brehm requested the K-9 unit. There is no evidence that Trooper Brehm or Sgt. Duis were dilatory in their investigation or that there was any unnecessary delay. The officers acted diligently in pursuit of their investigation, and the thirty-one minute wait was not excessive under the circumstances. [2] See United States v. Donnelly, 475 F.3d 946, 951, 954 (8th Cir. 2007) (holding that a fifty-nine minute detention to wait for a drug dog was reasonable where the officer requested the dog immediately after developing reasonable suspicion); United States v. White, 42 F.3d 457, 460 (8th Cir.1994) (determining that it was reasonable for an officer to detain a truck for eighty minutes while awaiting the arrival of a drug dog where the officer “acted diligently to obtain the dog, and the[*373] delay was caused only by the remote location of the closest available dog.”).

In their second issue, appellants contend that the district court erred when it determined that the canine search of the vehicle was a legal search. Specifically, appellants contend that Trooper Brehm created the opportunity for the dog to breach the interior of the vehicle because appellants opened the windows as a direct result of the traffic stop, and that Sgt. Duis improperly directed the canine into the vehicle’s open passenger-side window.

The district court did not err when it found that Trooper Brehm did not create the opportunity for the dog to breach the interior of the vehicle. The district court found that Elma opened the passenger window without any verbal order or request from Trooper Brehm, and that there were no orders by Brehm to keep the windows open. The video supports the district court’s findings.

Appellants do not cite to any authority that holds that the officers had the affirmative duty to close the windows in preparation for the dog sniff, and we find none. Instead, appellants rely on United States v. Winningham, 140 F.3d 1328, 1329-30 (10th Cir.1998), where the Tenth Circuit held a search illegal where officers opened the door of a suspect’s van, took the dog off its leash near the open door, and allowed the dog to jump into the van through the open door “and methodically sniff[] the van’s interior.” Drawing on previous Tenth Circuit precedent, Win-ningham held that an officer may not open a vehicle to “creat[e] the opportunity” for a drug dog to go where the officer himself cannot go, although a suspect may. Id. at 1330-31 & n. 2; See United States v. Stone, 866 F.2d 359, 361-64 (10th Cir.1989) (holding that search was proper where a drug dog jumped into the open trunk of a car and “keyed” on a duffel bag after the suspect opened the trunk). Winningham does not help appellants here, as both Trooper Brehm and Sgt. Duis, in the words of the district court, “took the situation as [they] found it.”

Further, the district court’s determination that Sgt. Duis did not direct the dog to stick his head through the window of the van was supported by the evidence. Absent police misconduct, the instinctive actions of a trained canine do not violate the Fourth Amendment. United States v. Reed, 141 F.3d 644, 650 (6th Cir.1998); United States v. Lyons, 957 F.2d 615, 617 (8th Cir.1992); Stone, 866 F.2d at 364. Sgt. Duis testified about his training and experience, and stated that he knew that he could not direct the dog to enter the vehicle without a warrant or the owner’s consent. He further testified that he directed the dog to sniff at various locations on the exterior of the van, but that when Capone stuck his head through the window, “That’s on his own. He was not directed inside the vehicle.” The district court found Sgt. Duis’s testimony to be credible, and that “the actions of Sgt. Duis at that point in the sniff were not different because the window- was open.” The video is not helpful on this point because Sgt. Duis’s actions are obscured by the back of the van.

The ■ video does, however, support the district court’s determination that the dog would have ultimately indicated on the van even if he had not stuck his head inside the window. In Lyons, we found that when a dog’s alert was inevitable, the sniff did not become an illegal search when the dog tore into a package and spilled out its contents. Lyons, 957 F.2d at 617. We stated, “Given the certainty that the course of action the police were pursuing at the time of the [dog sniff] would have led to discovery of the same evidence forthwith by unquestionably legal means, there is no reason to[*374] penalize the police for this accident by excluding evidence.” Id.

The district court found that “with the window open there is little doubt from the evidence here that Capone would have smelled the odor of the drugs in this ease even if he had been reined back and held outside the plane of the window track.” Further, the district court found credible Sgt. Duis’s interpretation of the dog’s actions during the first lap around the vehicle as indicating that the odor was emanating from the vehicle. Sgt. Duis explained that the dog continued sniffing until he found the strongest source of the odor, which was consistent with the dog’s training. The district court concluded, “the open window would still have been the strongest source for the odor, and Capone would have indicated to that area of the vehicle, just as he did.”

The video supports Sgt. Duis’s testimony, as it shows the dog alerting to several areas of the van and almost indicating at the rear of the van before ultimately sticking his head through the window. Sgt. Duis can be heard on the video saying that the dog is smelling drugs “essentially everywhere.” The fact that the dog stuck his head through the window does not change the result here.

Finding no violation of the Fourth Amendment, the district court correctly denied appellants’ motions to suppress. We affirm the judgments of conviction.

1

. The Honorable Richard G. Kopf, United States District Judge for the District of Nebraska.

2

. Although we find a thirty-one minute detention to be reasonable under these circumstances, we note that the detention of Lyons was shorter than thirty-one minutes because Trooper Brehm asked him to remain in the patrol car after she issued the warning ticket so that she could question Elma, and Lyons agreed. "Only when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen may we conclude that a 'seizure' has occurred.” Ter ry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Trooper Brehm's request that Lyons remain in the patrol car was not accompanied by physical force, a show of authority, or demanding language. See United States v. Coney, 456 F.3d 850, 858 (8th Cir.2006).