Jesus Arturo Conchas-Mancilla arrived at a routine immigration checkpoint in Sarita, Texas, in April 2023. Border Patrol Agent Cory Whetten, accompanied by a certified drug-detection dog named Badi, patrolled around Conchas-Mancilla's vehicle. Near the rear driver's side, Badi began repeatedly straining to get under the car's bumper, behavior the agent recognized as an alert to an odor. The agent directed Conchas-Mancilla to secondary inspection, where Badi barked and exhibited frustration as the vehicle moved, then alerted again to the rear bumper. Agents searched the vehicle and discovered 17.4 kilograms of cocaine hidden in the hollow tubing of the bumper. Conchas-Mancilla confessed to drug trafficking after waiving his Miranda rights and was charged with conspiracy and possession with intent to distribute. He moved to suppress the cocaine, arguing that Badi's alerts did not constitute probable cause because the dog did not perform a trained indication. The district court denied the motion, and Conchas-Mancilla appealed after pleading guilty but preserving his right to appeal the suppression ruling.
The Fifth Circuit applied de novo review to the legal conclusion of probable cause and clear error review to the factual findings regarding the dog's behavior. The court addressed Conchas-Mancilla's argument that an instinctive alert, distinct from a trained indication like sitting or pointing, is insufficient for probable cause. The opinion distinguished between an 'alert,' defined as an instinctual change in body posture, and an 'indication,' which is a trained behavior. While a footnote in a prior case suggested an indication is sufficient by itself, the court clarified that the Supreme Court's decision in Florida v. Harris does not require a specific signaling code. Instead, the court applied the totality of the circumstances test to determine if a reasonably prudent person would believe a search would reveal contraband. The court found that Badi was uniquely reliable, having been certified in 2018 with no need for remedial training and having won a competition against top canine teams. The dog's behavior—frenetically pulling on the leash to get under the bumper and barking when the car moved—was deemed a definitive alert rather than ambiguous. The court concluded that the combination of the dog's certified reliability and the specific, strong nature of the alerts provided probable cause to search.
The decision affirms the admissibility of evidence obtained through a vehicle search based on a drug-detection dog's instinctive alert. It clarifies that law enforcement officers do not need to wait for a trained indication to establish probable cause, provided the dog is certified and the alert is strong and reliable under the totality of the circumstances. The case is remanded for further proceedings consistent with the affirmation of the suppression denial, effectively upholding the defendant's conviction.
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