United States v. Dyson, 2011 U.S. App. LEXIS 7998

Dyson was arrested after fleeing on foot during a search of his Nissan Maxima following a separate I-75 accident and marijuana odor from a Suburban.
Officers Lyons and Reynolds, responding to the accident, suspected drug trafficking based on unusual passenger conduct and the odor of marijuana from the Suburban.
A canine unit sniffed the unoccupied Maxima at a gas station; Bear alerted to narcotics in the trunk and near the left front fender/hood area.
Dyson consented to a search of the Maxima, which revealed firearms, leading to two counts of being a felon in possession of a firearm.
The district court denied suppression, ruling the sniff was supported by reasonable suspicion and thus allowed the search.
On appeal, Dyson challenged detention and the search, and challenged sentencing-related issues as moot after sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the dog sniff of the Maxima violated the Fourth Amendment.	Dyson contends there was unlawful detention or lack of suspicion.	Government argues no detention and unoccupied car allows sniff without suspicion.	No detention; sniff permitted for unoccupied parked car.
Whether consent was required for the search or whether probable cause from the sniff justified search.	Consent was not clearly valid or the sniff did not provide probable cause.	Sniff yielded probable cause, obviating need for consent.	Search justified by probable cause from sniff; consent not required.
Whether Dyson's challenge to the sentencing calculation is moot.	Claims affect sentencing enhancements and guidelines calculation.	Remains relevant despite completion of sentence.	moot; sentencing claims resolved and no further relief available.
Whether the property/forfeiture waiver at sentencing violated Dyson's rights or his plea agreement.	Government coerced or improperly leveraged the waiver to affect the plea.	Waiver was part of the plea and the record shows no coercive impact on substantial rights.	No plain error; record shows waiver did not prejudice substantial rights.

United States v. Williams, 413 F.3d 347 (3d Cir. 2005) (no detention required to approach parked vehicle; reasonable suspicion not needed for dog sniff on unoccupied car)
United States v. Perez, 440 F.3d 363 (6th Cir. 2006) (dog sniff on unoccupied vehicle in parking lot not a search when not detained)
United States v. Caballes, 543 U.S. 405 (Supreme Court, 2005) (drug-sniffing dog during a legitimate stop; no additional reasonable suspicion required)
United States v. Engles, 481 F.3d 1243 (10th Cir. 2007) (dog sniff of vehicle in public place is not a Fourth Amendment intrusion)
United States v. Ludwig, 10 F.3d 1523 (10th Cir. 1993) (dog sniff of vehicle not a Fourth Amendment intrusion in public space)
United States v. Campbell, 549 F.3d 364 (6th Cir. 2008) (particularized suspicions based on facts; detentions may be brief and lawful)
United States v. May, 568 F.3d 597 (6th Cir. 2009) (mootness considerations for post-sentencing issues)