{"id":4120,"date":"2010-07-06T17:09:58","date_gmt":"2010-05-01T08:43:26","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-05-01T08:43:26","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4120","title":{"rendered":"FL5: Extending stop 17 minutes after consent refused was unreasonable"},"content":{"rendered":"<p>Defendant was stopped for a traffic offense, and the paperwork was completed in 12 minutes. When defendant would not consent to a search, a drug dog was called, and its task extended the whole stop to 29 minutes. There was no reasonable suspicion, and the de minimus rule of <a href=\"http:\/\/scholar.google.com\/scholar_case?case=11951629713776022034&amp;q=182+f.3d+643&amp;hl=en&amp;as_sdt=20000000002\">$404,905<\/a> is rejected, not that this was de minimus. Whitfield v. State, 33 So. 3d 787 (Fla. App. 5th DCA 2010).<\/p>\n<p>Defendant got out of her car with purse in hand. When she was arrested, her purse was searched incident to her arrest. It was not unreasonable under Gant because the car was not entered. State v. Johnson, 155 Wn. App. 270, 229 P.3d 824 (2010), ordered published by, Modified by State v. Johnson, 2010 Wash. App. LEXIS 867 (Wash. Ct. App., Apr. 22, 2010)<br \/>\n.* <\/p>\n<p>Excessive nervousness, air freshener in the back, and a suspicious answer to travel plans was reasonable suspicion. United States v. Castelan-Benitez, 2010 U.S. App. LEXIS 8803 (11th Cir. April 28, 2010) (unpublished).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4120\">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-4120","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4120","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=4120"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4120\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4120"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4120"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4120"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}