Ohio Archives - Drugbeat

19 01, 2021

Ohio Supreme Court- Delay in finding car insurance enabled a reasonable dog sniff

By Clay Smith|2021-02-08T20:03:28+00:00January 19th, 2021|Narcotics Detection, Ohio, State Court, Vehicle Sniffs|0 Comments

021-Ohio-119, 2021 Ohio App. LEXIS 108 (5th Dist. Jan. 19, 2021) The trial court found, and we agree, that Trooper Browne did not unreasonably prolong the stop. There was testimony that he was still in the process of conducting the traffic stop when he walked his K9 around appellant’s vehicle. Appellant was still in the process of looking for proof of insurance. Approximately thirteen minutes had passed between the stop and the K9 sniff and appellant was still attempting to locate current proof of insurance. As noted by the trial court, Trooper Browne testified that he was going to give [...]

8 05, 2020

Ohio Court of Appeals 6th District – Intentionally Stalling Traffic Stop for Dog was Unreasonable

By Clay Smith|2021-02-10T15:37:20+00:00May 8th, 2020|Narcotics Detection, Ohio, State Court, Vehicle Sniffs|0 Comments

State v. Werder, 2020-Ohio-2865, 2020 Ohio App. LEXIS 1835 (6th Dist. May 8, 2020) There was no reasonable suspicion to continue the stop in this case. The officer called for backup and a dog, and the first officer there told him to stall for the dog. Nothing was done for eight minutes to pursue the basis of the traffic stop. The state did not argue that reasonable, articulable suspicion of criminal activity arose during the traffic stop to justify further detaining Werder; it made no closing argument and filed no brief in opposition to Werder’s motion to suppress, despite the [...]

20 08, 2019

Ohio Court of Appeals – Dog Alert is not PC to Search Passenger

By Clay Smith|2021-02-10T16:13:40+00:00August 20th, 2019|Narcotics Detection, Ohio, State Court, Vehicle Sniffs|0 Comments

State v. Chapman, 2019-Ohio-3339, 2019 Ohio App. LEXIS 3422 (7th Dist. Aug. 20, 2019) Turning to the facts in this case, there is no question that Hyra’s alert established probable cause to search the automobile. In its response to the motion to suppress before the trial court, the State advocated the adoption of the bright line rule announced by the Tenth Circuit in Anchondo, supra, that a canine alert on a vehicle, like the odor of burning marijuana in Moore, supra, establishes probable cause for a warrantless search of both the vehicle and its occupants. We choose instead to adopt [...]

2 01, 2018

Ohio Court of Appeals – Drug Dog on Scene while Ticket Written Caused no Additional Detention

By Clay Smith|2021-02-10T15:14:21+00:00January 2nd, 2018|Narcotics Detection, Ohio, State Court, Vehicle Sniffs|0 Comments

State v. White, 2018-Ohio-18, 2018 Ohio App. LEXIS 3 (4th Dist. Jan. 2, 2018) Defendant’s stop was with reasonable suspicion based on corroborated informant hearsay. “Because the police were still in the process of writing the traffic ticket when the canine arrived and conducted the sniff, and thus the stop was not unlawfully extended.” With regards to Case No. 16CR135, White does not allege that the initial traffic stop of his vehicle was unlawful. Rather, he contends that the canine sniff of his vehicle unlawfully extended the traffic stop. Again, we disagree. Rather, after reviewing the record, we conclude that [...]

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