NC: De minimus rule for traffic stops doesn’t apply when they have to wait for the drug dog

Once the basis for the traffic stop was completed, the stop had to end. Defendant was asked for consent and refused, and the officer told him he was staying for a drug dog to arrive. The state argued for the de minimus rule, but it doesn’t apply where there was an additional wait for the drug dog. State v. Cottrell, 2014 N.C. App. LEXIS 678 (July 1, 2014).

Defendant was not “stopped” by the officer when the officer approached. He could smell alcohol on the defendant and saw an unopened beer in the vehicle. That was reasonable suspicion. State v. Veal, 2014 N.C. App. LEXIS 674 (July 1, 2014).*

Defendant lacks standing to challenge a subpoena to a third party for electric records. There was probable cause for the search warrant, and good faith would be sufficient in any event. United States v. Thomas, 2014 U.S. Dist. LEXIS 89310 (W.D. Ky. July 1, 2014).*