Search of cab of tractor-trailer rig based on drug dog alert was valid search because it was independent of earlier unlawful search of trailer

SEARCH & SEIZURE United States v. Forbes, No. 07-2191, ___ F.3d ___ (10th Cir. Jun 17, 2008)(New Mexico). Appeal of district court’s denial of defendant’s motion to suppress drug evidence seized at border crossing checkpoint. HELD: Where border agent searched interior of trailer of tractor-trailer rig without consent, warrant, or probable cause and found no incriminating evidence, a later canine alert provided independent source of suspicion, and thus probable cause, sufficient to search interior of tractor where marijuana was discovered. Marijuana found in tractor portion of tractor-trailer was admissible because it was discovered through means independent of any unconstitutional action that the agents may have taken during search of trailer. Independent source doctrine does not require two separate searches, but instead only requires lawful, genuinely independent source providing constitutional basis for the agents' disputed activities. Read the opinion here.