IN: Dog sniff by second officer who arrived right after stop was valid; RS not needed

Defendant was stopped for driving 63 in the fast lane of a freeway with a 70 speed limit, and the officer was only going to warn the driver about the dangers of driving too slow in the fast lane. The officer had decided to call for a drug dog, but another trooper heard the stop on his radio and he brought a drug dog before the officer asked. The dog alerted within a couple of minutes while the paperwork checks were still going on for warrants. The officer got defendant out of the car, and he spun around and bolted, knocking the officer down. A valid frisk of his person produced heroin. The stop was not delayed for a drug dog to arrive. Curry v. State, 2017 Ind. App. LEXIS 878 (Dec. 22, 2017):

P24 No additional time was expended to summon the canine unit to the scene. Although Trooper Wells had decided to summon the unit, Trooper Miller fortuitously arrived before Trooper Wells had to ask. The dog alerted while Trooper Wells awaited requested information on criminal background and warrants. The entirety of the traffic stop was approximately ten minutes. In these circumstances, the State showed that the canine sniff did not materially increase the duration of the stop. Accordingly, as there was no undue delay, the Fourth Amendment was not implicated.

This entry was posted in Dog sniff. Bookmark the permalink.

Comments are closed.