CA6: Def doesn’t show officer delayed stop for drug dog; whole encounter was 5-10 minutes

Defendant argued that the officer delayed the process of issuing a traffic citation by extraneous questioning just to get a dog sniff in within the period before the traffic citation could be completed. Still, the entire process reasonably took ten minutes. Thus, reasonable suspicion isn’t an issue because the stop wasn’t prolonged. United States v. Torres, 2019 U.S. App. LEXIS 37969 (6th Cir. Dec. 19, 2019).

Defense counsel was not ineffective for not filing a motion to suppress cell phone call records held by the phone company because it was a losing issue under Smith v. Maryland. The third-party doctrine hasn’t changed. Howell v. State, 2019 Tenn. Crim. App. LEXIS 798 (Dec. 19, 2019).*

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