718 F.Supp.3d 537
S.D.W. Va2024Background
- Defendant Brian Lee Corbett was stopped on April 22, 2023, by West Virginia State Police after being observed driving over the speed limit and with allegedly illegal window tint.
- The stop was part of an ongoing drug investigation based on tips from a cooperating individual (CI), who suspected Corbett of distributing controlled substances.
- During the stop, a K9 unit (K9 Kali) conducted a drug sniff; the dog twice jumped onto the car’s windowsills and inserted its snout into the open windows before alerting to narcotics.
- Based on the K9 alert, officers searched the vehicle and discovered controlled substances and related paraphernalia.
- Corbett moved to suppress the evidence, arguing the traffic stop lacked probable cause, was improperly extended, and that the K9 search constituted an unlawful trespass.
- The district court held an evidentiary hearing and parties submitted supplemental briefing.
Issues
| Issue | Corbett’s Argument | Government’s Argument | Held |
|---|---|---|---|
| Probable cause for traffic stop | No probable cause for stop; tips unreliable | Speeding and window tint violations justified the stop | Stop was justified based on speeding; probable cause existed |
| Scope and duration of stop | Stop was extended improperly for drug investigation | Dog sniff did not extend stop, part of normal traffic stop tasks | Duration and scope were reasonable under Fourth Amendment |
| Reliability and conduct of K9 sniff | K9 alert unreliable and trespass occurred when dog entered vehicle | K9 properly trained; brief contact did not constitute a search | K9 trespass into car, due to training, was attributable to state and constituted unlawful search |
| Probable cause to search pre-sniff | CI’s tip did not establish probable cause | Combined CI tip and initial K9 behavior gave probable cause | No probable cause prior to trespass; evidence suppressed |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes reasonableness test for investigative stops)
- Delaware v. Prouse, 440 U.S. 648 (1979) (random stops unconstitutional; basis required)
- Rodriguez v. United States, 575 U.S. 348 (2015) (dog sniff cannot extend a traffic stop absent additional justification)
- Florida v. Jardines, 569 U.S. 1 (2013) (using drug-sniffing dog on home’s curtilage is a search)
- United States v. Jones, 565 U.S. 400 (2012) (property-based trespass test for Fourth Amendment searches)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff of lawful traffic stop is not a search if conducted without delay)