OH8: Dog sniff that didn’t extend traffic stop at all because it was done by another officer was reasonable

The exclusionary rule applies to forfeiture actions (One 1958 Plymouth Sedan) despite the state’s argument. The dog sniff during the normal processing was part of the stop. “Police may conduct a canine sniff during the time that it takes to issue a traffic citation ‘so long as the duration of the traffic stop is not extended beyond what is reasonably necessary to resolve the issue that led to the stop and issue a traffic citation.’” In re $75,000.00 United States Currency, 2017-Ohio-9158, 2017 Ohio App. LEXIS 5604 (8th Dist. Dec. 21, 2017).

Defendant’s car was parked with the rear end in the street partially blocking traffic. An officer stopped and he said he was out of gas. Defendant wanted help pushing the car, and the officer said he couldn’t because it was contrary to department policy. With that, defendant became verbally abusive, so the officer called for backup. Two others arrived, and one had stopped defendant earlier that night and smelled alcohol but not enough for a FST or an arrest. Defendant remained abusive, and he submitted to handcuffing after being told he was going to be Tasered. In plain view sticking from under the seat was a machete, and defendant was a prohibited person. The stop and view were permissible. State v. Botts, 25 Neb. App. 372, 2017 Neb. App. LEXIS 252 (Dec. 19, 2017).*

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