Reasonable articulable suspicion of criminal activity sufficient to justify detention for arrival of drug-sniffing dog

SEARCH & SEIZURE/SENTENCING United States v. Wallace, No. 04-3435, ___ F.3d ___ (10th Cir. Nov. 23, 2005)(Kansas). Appeal of district court’s denial of suppression motion and sentence for possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and of carrying on an unlawful activity during travel in interstate commerce, in violation of 18 U.S.C. § 1952(a)(3). HELD: (1) During consensual search of trailer being pulled by defendant’s vehicle, where police officer observed four-inch gap in trailer’s floor and bottom of trailer along with scratch marks above floor, officer reasonably suspected existence of hidden compartment and thus had objectively reasonable suspicion defendant was involved in criminal activity. Reasonable articulable suspicion, not higher probable cause standard, was sufficient to justify detaining defendant and trailer for arrival of drug-sniffing dog. (2) District court committed plain error under United States v. Booker, ___ U.S. ___, 125 S.Ct. 738 (2005) through mandatory application of federal sentencing guidelines. However, because plain error need only be corrected in those situations where miscarriage of justice would otherwise result, sentence is affirmed despite error because defendant failed to point to record evidence suggesting existence of miscarriage of justice. Read the opinion here.