United States v. John Christopher Beale

CHOY, Circuit Judge:

This appeal presents the sole question of whether a sniff of luggage by a trained narcotics detection dog constitutes a “search” within the meaning of the Fourth Amendment. We hold that it does not.

I. Background

Florida detectives observed John Beale and Joseph Pulvano check three pieces of luggage with a skycap at the National Airlines terminal at Fort Lauderdale, but then saw them separate inside the terminal and obtain their seating assignments from the ticket counter separately. After Beale and Pulvano sat together at the boarding area, *1290one detective approached them and…