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case

Unlawful Car Search Ruled Unconstitutional

Decided
Sat, 06/21/2014

Felders, et al. v. Malcom, et al.: A state trooper stopped Sherida Felders for speeding in Utah and asked her and the passengers why they were traveling to Colorado. Based on perceived inconsistencies of their answers, the trooper asked to search the car for drugs. After Felders refused, the trooper called for assistance from a K-9 Unit officer to conduct a dog sniff. The two-hour search yielded no drugs. Felders and her passengers sued, claiming that the search was unlawful and in violation of the 4th Amendment. The District Court denied the officer's motion for summary judgment.

Decision

The Tenth Circuit Court upheld the decision, concluding that the officer did not have probable cause to search the vehicle.

Read the full decision here