IL: Merely radioing for a drug dog did not materially extend a stop that was only 3 minutes long

This case is on post-conviction, and defendant attached a police report to his petition. Based on the police report, the mere act of radioing for a drug dog did not appreciably extend the stop which took three minutes. People v. Watkins, 2019 IL App (4th) 180605, 2019 Ill. App. LEXIS 833 (Oct. 16, 2019).

Defendant claimed his stop was pretextual. “Utilizing corroborating testimony and police reports, Eversole provided a credible and consistent narrative detailing how he had probable cause to initiate the traffic stop of Hensley. As there is no issue concerning credibility here, Hensley’s subjective intent is immaterial, and the Court recommends that the District Court find the stop permissible.” Once the car was stopped, it was not unreasonably prolonged. United States v. Hensley, 2019 U.S. Dist. LEXIS 179472 (E.D. Ky. Sept. 13, 2019),* adopted, 2019 U.S. Dist. LEXIS 176873 (E.D. Ky. Oct. 11, 2019).*

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