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United States v. Peralez

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Submitted: December 11, 2007

Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

Ruben Peralez was charged with one count of possessing a firearm with an obliterated serial number after a South Dakota State Patrol trooper found such a firearm in Peralez’s luggage in a van in which Peralez was a passenger. The district court granted Peralez’s motion to suppress evidence, including the firearm, concluding the trooper had violated the Fourth Amendment by improperly extending the duration of the traffic stop to enable a drug dog to sniff the exterior of the van. The government appeals. We conclude the traffic stop was improperly extended but the dog sniff was not a result of that improper extension. Thus, we reverse the district court’s order granting Peralez’s motion to suppress and remand for proceedings consistent with this opinion.

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