United States v. Winningham

PORFILIO, Circuit Judge.

The government appeals a district court order suppressing evidence obtained by using a trained dog to perform a roadside search of a van. The government argues: (1) United States v. Stone, 866 F.2d 359 (10th Cir.1989), controls this case and places the drug dog’s activity outside the scope of the Fourth Amendment; and (2), in any event, the driver’s consent cures any potential Fourth Amendment violation. We conclude Stone does not apply in this instance and the consent was involuntarily given. We therefore affirm.

I. Background

Acting on information, New Mexico border…