OH4: Waiting for backup was prudent for delaying dog sniff even though there was no RS

With a late night stop of a person that had a drug history and the officer was outnumbered, it was prudent to call for backup before the dog sniff, and the total elapsed time wasn’t that much. The court of appeals says there was no reasonable suspicion. State v. Kincaid, 2024-Ohio-2668, 2024 Ohio App. LEXIS 2558 (4th Dist. July 5, 2024) (So, no reasonable suspicion, but it doesn’t matter? This is just wrong.):

[*P27] Once again, we recognize that Deputy Campbell did not initially possess specific and sufficient information about appellant’s alleged drug trafficking activity to extend the time and purpose of the stop beyond the reason for the initial stop. However, most importantly in this case, although Campbell immediately decided to deploy his canine, the only reason he did not immediately do so involved his personal safety. Thus, the canine sniff occurred less than ten minutes into the stop after Hutton arrived to engage in back-up duties. This is not unreasonable conduct in light of the fact that traffic stops, especially stops late at night and with multiple occupants in a vehicle, represent some of the most perilous encounters for law enforcement officers. Consequently, officer safety should be of paramount importance and a legitimate consideration if such activity does not unreasonably extend the time required to conduct a traffic stop. Here, our review of the facts reveal that arrival of the back-up officer did not unreasonably extend the traffic stop’s duration.