ID: Officer writing ticket providing backup to drug dog abandoned traffic ticket making it a criminal investigation; suppressed

The officer’s delaying of the traffic stop for 2½ minutes while performing a back-up function for a drug dog sweep violated defendant’s rights under the Fourth Amendment, because the seizure, initially valid based on a cracked windshield, became unreasonable after the officer abandoned the purpose of the seizure in order to aid in the search for drugs. State v. Linze, 2016 Ida. LEXIS 354 (Nov. 10, 2016).

A Franks allegation here fails on the merits because it didn’t matter. The separate CIs’ stories corroborated each other, and that gave probable cause. Besides, the good faith exception applies, too. United States v. Avalo, 2016 U.S. Dist. LEXIS 157294 (N.D. Ga. Oct. 5, 2016), adopted, 2016 U.S. Dist. LEXIS 157182 (N.D. Ga. Nov. 10, 2016).*

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