State v. Muñoz

OPINION

WECHSLER, Judge.

{1} The central issue in this appeal is whether Defendant Daniel Muñoz, a passenger on a bus, was subjected to an unlawful search that was not performed with his valid consent. During an inspection of the cargo of the bus at a checkpoint, a trained dog alerted to a bag that was ultimately linked to Defendant. Law enforcement agents subsequently questioned Defendant, asking him to empty his pockets and remove his shoes. We affirm the district court’s findings that (1) Defendant was not in custody at the time of the agents’ questioning so as to invoke Defendant’s rights…