Plaintiff stated a claim that he was detained and subjected to a dog sniff when he refused to consent to a vehicle search. Conwill v. Sheriff of Lowndes County, 2008 U.S. Dist. LEXIS 75851 (N.D. Miss. September 29, 2008):<\/p>\n
Moreover, it seems that the decision to detain Plaintiffs and to call the canine unit was based on Jeff Conwill’s refusal to consent to a search of the vehicle. Jeff Conwill testified that Deputy Bell threatened to retrieve a drug dog if Conwill did not allow him to search the vehicle. The police cannot base their decision to prolong a traffic stop on the detainee’s refusal to consent to a search. United States v. Williams<\/em>, 271 F.3d 1262, 1271 (10th Cir. 2001) (holding that the officer could choose to detain plaintiff after he refused to consent to a search of his car “if the officer already had sufficient reasonable suspicion to detain [the plaintiffs] for the purpose of the canine drug search.”). In this case, as already discussed, Deputy Bell had not observed facts sufficient to raise a reasonable suspicion when he asked for consent. Therefore, Deputy Bell could not consider Jeff Conwill’s refusal to consent in making his decision to detain Plaintiffs. Because the detention of Plaintiffs beyond the time of the initial investigation was not supported by reasonable suspicion, the detention exceeded the permissible scope of the investigatory stop.<\/p><\/blockquote>\n
Stop for obviously fake temporary tag was justified, and officer approaching vehicle could smell marijuana, and that justified a search of the vehicle. State v. Smith<\/a>, 192 N.C. App. 690, 666 S.E.2d 191 (2008), review denied 363 N.C. 380, 680 S.E.2d 206 (2009).*<\/p>\n
Defendant was transferred from jail to a competency evaluation, and his belongings were searched, finding unauthorized discovery materials, which were seized. He had a reduced expectation of privacy as an inmate. State v. Puapuaga<\/a>, 164 Wn.2d 515, 192 P.3d 360 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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