United States of America v. Jeffrey Alan Buchanan

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFREY ALAN BUCHANAN,
Defendant - Appellant.
No. 15-30007
D.C. No. 4:14-cr-00056-BMM-1
MEMORANDUM*
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
KRISTY DAWN SUMMERS,
Defendant - Appellant.
No. 15-30008
D.C. No. 4:14-cr-00056-BMM-2
Appeal from the United States District Court
for the District of Montana
Brian M. Morris, District Judge, Presiding
FILED
FEB 11 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

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Submitted February 5, 2016**
Seattle, Washington
Before: O’SCANNLAIN and GOULD, Circuit Judges and BURNS,*** District
Judge.
Jeffrey Alan Buchanan and Kristy Dawn Summers appeal their convictions
for Possession with Intent to Distribute Methamphetamine, a violation of 21 U.S.C.
§ 841(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
I
The brief investigatory stop that led to Buchanan and Summers’ arrests was
permissible because law enforcement had reasonable suspicion that the two were
involved in criminal activity. See Hiibel v. 6th Jud. Dist. Ct. of Nev., Humboldt
Cnty., 542 U.S. 177, 185 (2004). The confidential informant’s tip was reliable
because he was a “registered informant” with Border Patrol, he had provided
information on numerous occasions leading to the seizure of at least 49 pounds of
marijuana, and he explained the source of his suspicion to law enforcement. See
United States v. Rowland, 464 F.3d 899, 907–09 (9th Cir. 2006). Additionally,
Agent Brandon Law was aware that the Amtrak route was popular for drug
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
*** The Honorable Larry A. Burns, District Judge for the U.S. District
Court for the Southern District of California, sitting by designation.
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smuggling, and the pair had raised suspicions during their previous trip to Havre,
Montana.
In considering “the totality of the circumstances,” here “the detaining officers
[had] a particularized and objective basis for suspecting the particular person[s]
stopped of criminal activity.” United States v. Cortez, 449 U.S. 411, 417–18
(1981). At the very least, the government demonstrated that there was “a moderate
chance of finding evidence of wrongdoing.” United States v. King, 736 F.3d 805,
811 n.4 (9th Cir. 2013) (quoting Safford Unified Sch. Dist. No. 1 v. Redding, 557
U.S. 364, 371 (2009)). The investigatory stop was thus permissible.
Nor was the brief dog sniff improper. A canine sniff test of luggage
conducted in a public place is not a “search” under the Fourth Amendment and is
permissible so long as the investigative detention is properly limited in scope. See
United States v. Place, 462 U.S. 696, 706–707 (1983). Here, the dog sniff took no
more than three to five minutes, was conducted at the location of the stop in full
view of Buchanan and Summers, and agents took care to inform Buchanan and
Summers about the process.
II
The district court did not err in denying Summers’ motion to suppress the
statements she made to law enforcement. Because the “objective circumstances” of
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Summers’ interaction with law enforcement demonstrate that Summers was not in
police custody when she was asked if she was carrying contraband, no Miranda
warning was required. See Howes v. Fields, 132 S. Ct. 1181, 1189 (2012).
AFFIRMED.
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