Detention Argued Archives

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 [...]

29 10, 2020

Kentucky Supreme Court – Unreasonable Delay for Drug Dog

By Clay Smith|2021-02-08T21:28:15+00:00October 29th, 2020|State Court, Vehicle Sniffs|0 Comments

Commonwealth v. Mitchell, 2020 Ky. LEXIS 394 (Oct. 29, 2020) AFFIRMING IN PART, REVERSING IN PART,AND REMANDING We outlined in Davis v. Commonwealth our test for when officers impermissibly extend stops. In Davis we stated, “[t]here is no ‘de minimis exception’ to the rule that a traffic stop cannot be prolonged for reasons unrelated to the purpose of the stop.” A stop is unreasonably extended when the “tasks tied to the traffic infraction are –or reasonably should have been –completed...” In Smith v. Commonwealth, a canine officer, at the request of police detectives who had been surveilling Smith, initiated a [...]

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 [...]

29 04, 2020

Arkansas Court of Appeals – Drug Dog Alerted While Warning Being Written Did Not Extent Stop

By Clay Smith|2021-02-10T15:42:07+00:00April 29th, 2020|Arkansas, Narcotics Detection, State Court, Vehicle Sniffs|0 Comments

Mickens v. State, 2020 Ark. App. 280, 2020 Ark. App. LEXIS 307 (Apr. 29, 2020) Here, Officer Collins testified that he was still in the process of writing appellant’s warning ticket when Detective Robertson arrived with Zeke. Therefore, the legitimate purpose of the stop had not ended when Zeke alerted on appellant’s vehicle. Once Zeke alerted on the vehicle, there was no additional suspicion needed for the vehicle to be searched.[15] And to the extent that appellant attempts to argue that there was no reasonable suspicion to allow the dog to sniff the exterior of the car, this argument also [...]

12 03, 2019

CA11 – Detention was Reasonable for Dog because Reasonable Suspicion Existed

By Clay Smith|2021-02-10T15:21:17+00:00March 12th, 2019|CA11, Federal Circuits, Narcotics Detection, Vehicle Sniffs|0 Comments

United States v. Rodriguez, 2019 U.S. App. LEXIS 7236 (11th Cir. Mar. 12, 2019) Here, Rodriguez did not undergo an unreasonable seizure. For starters, law enforcement officers had a reasonable suspicion that he was involved in criminal activity. See Lewis, 674 F.3d at 1303. Evidence presented at the suppression hearing revealed that officers knew that: (1) Rodriguez’s co-conspirator, Julio Cesar Rifat, was planning a seven-kilogram cocaine transaction; (2) Rifat typically worked with others when he did his drug transactions; (3) Rifat met with Rodriguez and Garcia at a residence the morning of the planned transaction; (4) Rifat left alone from [...]

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 [...]

Categories

Tags