AZ: Def’s past drug conviction wasn’t RS to extend stop for a dog sniff

Officers had no reasonable suspicion from defendants’ stop to conduct a dog sniff. The officer asked for consent and was denied. “I know my rights. I don’t have to let you search. I know what my fiancé is going to say. He’s going to say, No, and also if you want to search you can get a dog.” The officer did not take this consent, and he called for backup with a drug dog. The records searched produced two minor non-extraditable warrants. All the officer knew was a prior drug conviction and maybe prior drug involvement but nothing current. The search violated Rodriguez and even Arizona law before the stop. State v. Kjolsrud, 2016 Ariz. App. LEXIS 36 (March 18, 2016).

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