OH5: Dog was called two minutes into stop of RV and it didn’t prolong the stop

Defendant’s RV was stopped for crossing the center line, and a drug dog was called within two minutes, arriving shortly thereafter. Waiting for and using the dog did not delay the stop, and the Fourth Amendment was not violated. State v. Turpin, 2021-Ohio-1251, 2021 Ohio App. LEXIS 1241 (5th Dist. Apr. 9, 2021).

“Although the Court agrees that the Fourth Amendment does not permit officers to prolong a traffic stop in order to establish reasonable suspicion to conduct a dog sniff, here, the Court finds the officers had reasonable suspicion to conduct the dog sniff from the outset based upon their months-long investigation of Tuschoff and could prolong the traffic stop if required.” United States v. Mahan, 2021 U.S. Dist. LEXIS 69690 (D. Idaho Apr. 9, 2021).*

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