TX6: “[U]nder Rodriguez, Fourth Amendment considerations are both qualitative and temporal”

The smell of marijuana on defendant’s clothing noticed during the traffic stop and his heavily sweating during the stop although the temperature was in the high 20’s to low 30’s and travel plans that were suspicious all added up to reasonable suspicion to extend the stop. “Therefore, under Rodriguez, Fourth Amendment considerations are both qualitative and temporal; related actions which unduly prolong a stop and unrelated actions performed after completion of the actions related to the traffic stop’s purpose are both Fourth Amendment violations.” Fisher v. State, 2015 Tex. App. LEXIS 12472 (Tex. App. – Texarkana Dec. 10, 2015).