Tenth Circuit: Sniff Happens; But Unjustified Delay Before Drug Dog Sniff Means Evidence Suppressed

Oklahoma City police detain driver whose passenger is wanted for failing to appear in court. The passenger is arrested—but then officers hang around for another ten minutes, until a drug-sniffing dog finally shows up, takes a lap around the car, and alerts. Driver: Sniff happens but this delay was unjustified. Suppress the evidence? District court: No (and sentences him to 84 months in prison). Tenth Circuit: Yes (and vacates the sentence and conviction).

Mr. Tyler was represented by the Federal Defender's Office.

The case is United States v. Tyler, 24-6035 (10th Cir. June 16, 2025).