{"id":3671,"date":"2010-06-06T13:11:34","date_gmt":"2009-12-26T00:12:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-12-24T11:04:45","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3671","title":{"rendered":"CA6: Continuation of stop was without RS; dog alerted and search suppressed"},"content":{"rendered":"

The officer lacked reasonable suspicion to keep detaining defendant as long as he did until a drug dog could arrive at the scene. The defendant was followed by another officer for 16 miles who saw no traffic offense, so he called ahead to this officer who ultimately stopped him. United States v. Bonilla<\/a>, 357 Fed. Appx. 693, 2009 FED App. 0816N (6th Cir. 2009) (unpublished) (2-1)*:<\/p>\n

The instant case lacks any strong indicators of criminal conduct other than minor actions by Bonilla that are generally present when a driver is pulled over. Bonilla’s failure to promptly provide the officer with his passenger’s correct information was not particularly indicative of criminal activity. Thus, the totality of the circumstances did not give rise to a reasonable suspicion that Bonilla was transporting drugs in his vehicle at the moment when Bemis stopped writing the traffic citation and placed Bonilla and his passenger in police cruisers.<\/p>\n

Since we conclude that no reasonable suspicion was present at the inception of the detention on suspicion of transporting drugs, the detention was an unlawful seizure and we do not need to address the second part of the Terry analysis, whether the time and intrusiveness of the stop were reasonable. See Davis, 430 F.3d at 354. The fact that Bemis only detained Bonilla for a short period of time when he ceased writing the ticket and placed Bonilla and his passenger in police cruisers is irrelevant since Bemis lacked reasonable suspicion to do so. Thus, the district court erred in determining Bemis’s detainment of Bonilla for a short period of time was reasonable.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-3671","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3671","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=3671"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3671\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3671"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3671"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3671"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}