United States v. Briasco
2011 U.S. App. LEXIS 10918
| 8th Cir. | 2011Background
- Briasco was stopped for speeding 75 in a 55 in a Nebraska construction zone; odor of air freshener and rear-end sag indicated weight; Briasco and Traver claimed trunk empty.
- Hazard obtained Briasco's license and criminal history; Hazard’s databases linked Briasco to cocaine distribution and marijuana distribution; Briasco provided incomplete travel plans.
- Briasco denied consent to search; Hazard detained Briasco and Traver to wait for a canine unit eighteen minutes after stop; dog Bruno alerted to the trunk.
- The trunk contained bags of marijuana after canine alert; Briasco was indicted for possession with intent to distribute.
- District court denied suppression, concluding reasonable suspicion supported detention; Briasco appealed challenging continued detention after denial of consent.
- On appeal, Briasco argues Hazard lacked reasonable suspicion to detain after consent denial; the government argues totality of circumstances supports suspicion.
- The appellate court concluded the totality of circumstances supported reasonable suspicion, validating the detention and suppressing none of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there reasonable suspicion to detain after consent denial? | Briasco: factors insufficient; some facts were erroneous | Briaso: see no reasonable suspicion | Yes; totality supported suspicion |
| Was the dog-sniff delay permissible under the Fourth Amendment? | Briasco: delay was unreasonably prolonged | Hazard: delay justified by canine search | Yes; reasonable delay to complete investigation |
Key Cases Cited
- United States v. Bloomfield, 40 F.3d 910 (8th Cir.1994) (reasonable-suspicion framework for detentions during stops)
- United States v. Shafer, 608 F.3d 1056 (8th Cir.2010) (particularized facts and rational inferences required for extended detention)
- Reid v. Georgia, 448 U.S. 438 (1980) (early framing of stop-and-detention standards (per curiam))
- United States v. Linkous, 285 F.3d 716 (8th Cir.2002) (multifactor approach to suspicious activity when viewed together)