{"id":3966,"date":"2010-06-06T13:36:40","date_gmt":"2010-03-18T04:26:17","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-18T04:26:17","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3966","title":{"rendered":"Utah finds no de minimus exception to enable a dog sniff after the purpose of a stop has concluded."},"content":{"rendered":"

There is no de minimus exception to enable a dog sniff after the purpose of a stop has concluded. Extending the stop is unreasonable. State v. Baker<\/a>, 2010 UT 18, 229 P.3d 650, 651 Utah Adv. Rep. 25 (2010), aff\u2019g State v. Baker, 2008 UT App 115, 182 P.3d 935 (2008):\t\t<\/p>\n

B. No De Minimis Exception Allows Officers to Conduct a Dog Sniff After the Purpose of the Stop Has Concluded<\/p>\n

[*P28] The State also argues that because there was only a short amount of time between the completion of the arrest of the driver and the arrival of the K-9 unit, we should hold that any extension of the detention of the passengers was de minimis. But “even a small intrusion beyond the legitimate scope of an initially lawful search is unlawful under the Fourth Amendment.” Schlosser, 774 P.2d at 1135.<\/p>\n

[*P29] Because a trained narcotics-detection dog alerts police only to the presence of contraband, and there is no Fourth Amendment right to possess contraband, the United States Supreme Court has held that a dog sniff is not a search under the Fourth Amendment. United States v. Place, 462 U.S. 696, 707, 103 S. Ct. 2637, 77 L. Ed. 2d 110 (1983). Based on the premise that a dog sniff is not a search, the Supreme Court has also found that a drug-trained dog may walk the perimeter of a lawfully detained vehicle even if police have no reasonable suspicion that the vehicle occupants are engaged in drug-related activity so long as the dog sniff search does not extend the duration of the stop. Illinois v. Caballes, 543 U.S. 405, 408, 125 S. Ct. 834, 160 L. Ed. 2d 842 (2005). However, “[a] seizure … can become unlawful if it is prolonged beyond the time reasonably required to complete that mission.” Id. at 407.<\/p>\n

[*P30] Some jurisdictions have held that because police may conduct a dog sniff of the exterior of the vehicle during the course of a lawful traffic stop, they may also detain vehicle occupants for a short amount of time after the purpose of the stop has concluded in order to conduct a dog sniff search. … However, many jurisdictions have recognized that any extension of a stop after officers have completed the purpose of their stop violates the Fourth Amendment. …<\/p>\n

. . .<\/p>\n

[*P58] Because officers had finished processing the arrest of the driver and were not allowed to conduct a search incident to her arrest, we hold that they had improperly extended the duration of Mr. Baker’s detention at the time the dog sniff occurred. However, we decline to apply the exclusionary rule to the evidence obtained as a result of this violation because the officers acted in good faith reliance on previous precedent that allowed them to conduct a search of the vehicle incident to arrest. But we find that the officers lacked reasonable articulable suspicion that the passengers posed a threat to their safety at the time they conducted the pat-down search of Mr. Baker. Accordingly, we affirm the decision of the court of appeals.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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