{"id":5230,"date":"2011-07-10T09:33:39","date_gmt":"2011-02-26T09:09:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-02-26T09:09:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5230","title":{"rendered":"IL: RS justified some detention, but after consent refused, 25 minute delay for drug dog was unreasonable"},"content":{"rendered":"<p>The officer had reasonable suspicion to get defendant out of her car and talk to her because of an obstructed windshield. She fumbled for her DL and was nervous. The officer fished around for consent for 13 minutes and didn\u2019t get it. Only then did she call for the drug dog, and it didn\u2019t arrive for 25 minutes. That delay made the stop unreasonable. <a href=\"http:\/\/www.state.il.us\/court\/Opinions\/AppellateCourt\/2011\/4thDistrict\/February\/4100297.pdf\">People v. McQuown<\/a>, 407 Ill. App. 3d 1138, 348 Ill. Dec. 332, 943 N.E.2d 1242 (2011).*<\/p>\n<p>Defendant was stopped in a high crime area after an apparent drug deal happened in the vehicle. The officer saw cocaine in the vehicle, so the car was validly searched under the automobile exception or a protective sweep. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/12\/2011\/2011-ohio-791.pdf\">State v. Popp<\/a>, 2011 Ohio 791, 2011 Ohio App. LEXIS 675 (12th Dist. February 22, 2011).*<\/p>\n<p>Officers observed an apparent drug deal from a car, and approached, and the defendant tossed a baggy away, which was thus abandoned. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/8\/2011\/2011-ohio-785.pdf\">State v. Soto<\/a>, 2011 Ohio 785, 2011 Ohio App. LEXIS 670 (8th Dist. February 17, 2011).*<\/p>\n<p>Defendant was stopped for a traffic offense and he was apparently under the influence. When he couldn\u2019t find his DL, the officer noticed pills in his wallet as he fumbled with it. He admitted he had no prescription. The arrest was with probable cause. <a href=\"http:\/\/www.lexisone.com\/lx1\/caselaw\/freecaselaw?searchType=citation&amp;fclSearch=2011+Ga.+App.+LEXIS+115+&amp;action=FCLSearchCaseByCitation&amp;pageLimit=10&amp;format=CITE&amp;pageNumber=1&amp;sourceID=&amp;citation=2011+Ga.+App.+LEXIS+115+&amp;searchTerm=\">Wilson v. State<\/a>, 2011 Ga. App. LEXIS 115 (February 22, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5230\">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-5230","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5230","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=5230"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5230\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5230"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}