“Constructive possession of drug paraphernalia is sufficient probable cause to arrest.” State v. Terrill, 2018 ND 78, 2018 N.D. LEXIS 89 (Mar. 22, 2018).
Ordering defendant out of his vehicle was reasonable even in a stop for overtinted windows. The generic question whether “there is anything illegal in the vehicle,” invites a yes or no answer. When the detention extended to calling for a drug dog, there was no reasonable suspicion. Defendant was compliant and did as instructed. The detention was essentially because of criminal history and the part of town from which defendant was driving, and that’s not enough. State v. Dillard, 2018 Del. Super. LEXIS 127 (Mar. 16, 2018).*