United States v. Modesto Diaz

BOGGS, Circuit Judge.

Defendant Modesto- Diaz appeals his conviction for possession, with intent to distribute, of one hundred pounds of marijuana, in violation of 21 U.S.C. § 841(a)(1), arguing that the district court erred in denying his motion to suppress evidence. He contends that an indication of the presence of marijuana by an allegedly improperly trained police dog did not constitute probable cause to search his vehicle. For the reasons discussed herein, we hold that the police properly may rely on a trained and certified dog as probable cause for a search. We therefore affirm the…