Extended Detention Without RS Archives

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 [...]

S.C.O.T.U.S. – Extended Detention and the K9 Sniff – Rodriguez v United States

By Clay Smith|2021-02-08T16:23:24+00:00April 21st, 2015|SCOTUS, Vehicle Sniffs|0 Comments

Rodriguez v. United States, 135 S. Ct. 1609 (2015) DENNYS RODRIGUEZ, PETITIONER v. UNITED STATES ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT April 21, 2015 JUSTICE GINSBURG delivered the opinion of the Court. In Illinois v. Caballes, 543 U. S. 405 (2005), this Court held that a dog sniff conducted during a lawful traffic stop does not violate the Fourth Amendment’s proscription of unreasonable seizures. This case presents the question whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop. We hold that a police stop exceeding the time needed to handle [...]

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