CA6: Def’s consent to search included a later dog sniff

Defendant consented to an original search for drugs. The vehicle was moved elsewhere and a dog sniff occurred. His consent carried over to the dog sniff. United States v. Rodgers, 2022 U.S. App. LEXIS 34250 (6th Cir. Dec. 12, 2022). [Of course consent to a full search would include a lesser “search” of a dog sniff. The issue here was whether it was too late to be within the consent.

The smell of burnt marijuana on the person can still be reasonable suspicion because it’s not completely legal. Add here that defendant was avoiding the officer, and it added up to reasonable suspicion. Commonwealth v. Cunningham, 2022 PA Super 213, 2022 Pa. Super. LEXIS 496 (Dec. 13, 2022).*

Defendant’s civil traffic infraction justified this stop. United States v. Watson, 2022 U.S. Dist. LEXIS 223039 (S.D. Ohio Dec. 9, 2022).*

The audio of defendant’s interaction with the officers show he consented to the search. The exchange was cordial and not coercive. United States v. Faison, 2022 U.S. Dist. LEXIS 223166 (M.D. Ala. Dec. 12, 2022).*

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