{"id":3649,"date":"2011-01-11T12:08:11","date_gmt":"2009-12-18T07:06:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-18T07:06:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3649","title":{"rendered":"WY: 17 minute traffic stop up to dog alert was not unreasonable"},"content":{"rendered":"<p>Seventeen minutes from a traffic stop to a dog alert was not an unreasonable amount of time for the stop. <a href=\"http:\/\/courts.state.wy.us\/Opinions\/2009WY152.pdf\">Wallace v. State<\/a>, 2009 WY 152, 2009 Wyo. LEXIS 170 (December 14, 2009)*:<\/p>\n<blockquote><p>[*P16]  Here, Wallace does not dispute the validity of the initial stop and, typically, that leads us to the second prong of the analysis under Terry (i.e., were the officer&#8217;s actions during the detention reasonably related in scope to the circumstances that justified the interference in the first instance). Damato, P 9, 64 P.3d at 705. However, in this case, we need not look beyond the initial stop because Wallace admits that it was lawful, and also because the record is clear that no improprieties occurred so as to violate Wallace&#8217;s constitutional rights. The record shows precisely how many minutes Wallace had been detained before the drug dog alerted to drugs at the scene &#8212; just over seventeen minutes elapsed from the time Deputy Stinson stopped the vehicle until the dog alerted. The district court was persuaded that the deputy did not drag his feet in order to allow for the canine unit to arrive. In fact, the district court concluded that the brief period of detention lasted no longer than was necessary to achieve the purpose of the stop, inasmuch as the sniff was concluded before the deputy had finished issuing the citations. We agree.\n<\/p><\/blockquote>\n<p>Defendant\u2019s weaving within her own lane and touching the center line was sufficient basis for a stop. <a href=\"http:\/\/www.mssc.state.ms.us\/Images\/Opinions\/CO60124.pdf\">Drummer v. State<\/a>, 42 So. 3d 563 (Miss. App. 2009), cert. denied, 2010 Miss. LEXIS 452 (Miss., Aug. 26, 2010).*<\/p>\n<p>The officer had reasonable suspicion to detain defendant for DUI after he was found slumped behind the wheel of his vehicle after a one-vehicle accident and there was an odor of alcohol. <a href=\"http:\/\/www.tsc.state.tn.us\/OPINIONS\/tcca\/PDF\/094\/State%20v%20Everett%20Daniel%20Meador%20III.pdf\">State v. Meador<\/a>, 2009 Tenn. Crim. App. LEXIS 1013 (December 11, 2009).*<\/p>\n<p>Plaintiff\u2019s claim that an order not to practice law without a license was subject to abstention. (Somehow he came up with a Fourth Amendment claim, which is indicative, perhaps, of why he&#8217;s not practicing law anymore.)  Feingold v. Office of Disciplinary Counsel, 2009 U.S. Dist. LEXIS 116806 (E.D. Pa. December 14, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=3649\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3649","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3649","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3649"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3649\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3649"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3649"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3649"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}