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United States v Avery

United States Court of Appeals for the Sixth Circuit

137 F. 3d 343

Published/Precedential

November 3, 1997

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Police had reasonable suspicion to justify detention of a carry-on bag to permit a canine sniff, due to:

 

  • Just after boarding a plane, defendant stated he had thrown his ticket away;

  • He lied about the origin of his trip;

  • He lied about his stop-over;

  • He said he could not remember the name of his motel and had no receipts;

  • He consented to a search of his person, but not his bag;

  • And he was travelling on a one-way ticket purchased with cash in another name only 35 minutes before departure.

 

The detention of the bag for 25 minutes for a canine sniff was reasonable. The police gave the defendant an option of accompanying the bag or leaving with a receipt for the bag.

Police were not required to allow the defendant to fly with the bag and subject it to a canine sniff when the plane landed.

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