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Submitted: November 17, 2010

Before RILEY, Chief Judge, MELLOY and GRUENDER, Circuit Judges.

On February 29, 2008, troopers of the Nebraska State Patrol set up a ruse drug checkpoint near the Utica exit off of Interstate 80 in Seward County, Nebraska. They posted a sign indicating that there would be a drug checkpoint ahead and then positioned troopers at the next interstate exit. Trooper James Estwick stopped a vehicle occupied by Ronald Prokupek and Christine McGlothlen at the exit as it turned from the exit ramp on to a county road. According to the recording made by the camera on his cruiser’s dashboard immediately after the stop, Trooper Estwick told Prokupek that “the reason you got pulled over is because when you exited the interstate you didn’t signal-you didn’t signal your exit [inaudible]. You signaled your turn, but you didn’t signal-exit-signal when you were getting on the exit.” Trooper Estwick detained Prokupek and McGlothlen, and a few minutes later Sergeant Lonnie Connelly arrived with a drug dog. Sergeant Connelly walked the dog around Prokupek and McGlothlen’s car several times and then told Trooper Estwick that the dog had alerted to an open window on the driver’s side door. The officers then searched the car and found 151 grams of methamphetamine in a compartment in the center armrest.

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