{"id":15777,"date":"2015-02-08T02:00:07","date_gmt":"2015-02-08T07:00:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15777"},"modified":"2015-02-07T10:54:23","modified_gmt":"2015-02-07T15:54:23","slug":"oh6-25-minute-detention-waiting-for-drug-dog-unreasonable-def-had-a-right-to-refuse-consent-and-was-nervous-and-thats-not-enough","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=15777","title":{"rendered":"OH6: 25 minute detention waiting for drug dog unreasonable; def had a right to refuse consent and was nervous, and that&#8217;s not enough"},"content":{"rendered":"<p>Defendant was validly stopped for a license plate sticker violation, but his detention for 25 minutes for a drug dog to arrive was without reasonable suspicion of wrongdoing. He refused to consent to a search of his car and he was nervous, but that\u2019s not enough. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/6\/2015\/2015-ohio-398.pdf\">State v. Young<\/a>, 2015-Ohio-398, 2015 Ohio App. LEXIS 369 (6th Dist. January 30, 2015).<\/p>\n<p>Defendant\u2019s 81 minute detention after a traffic stop on probable cause led to reasonable suspicion of more criminal activity. The length of the stop was long, but it was diligently pursued. United States v. Rivera, 2015 U.S. Dist. LEXIS 13902 (E.D.N.Y. February 4, 2015).*<\/p>\n<p>What ever deficiency there was in the FST, there was still probable cause for defendant\u2019s arrest for DUI. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=218910\">State v. Hudgins<\/a>, 2015 Del. Super. LEXIS 62 (January 16, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was validly stopped for a license plate sticker violation, but his detention for 25 minutes for a drug dog to arrive was without reasonable suspicion of wrongdoing. He refused to consent to a search of his car and he &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=15777\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[20,35],"tags":[],"class_list":["post-15777","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15777","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15777"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15777\/revisions"}],"predecessor-version":[{"id":15778,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15777\/revisions\/15778"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15777"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15777"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15777"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}