{"id":7749,"date":"2012-09-24T08:34:11","date_gmt":"2012-09-24T08:33:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-24T08:33:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7749","title":{"rendered":"AR: Use of a drug dog after consent refused while awaiting DL computer check reasonable"},"content":{"rendered":"

Use of a drug dog after the driver refused to consent to a search while they were awaiting the results of the DL check was reasonable. Jackson v. State<\/a>, 2012 Ark. App. 508, 2012 Ark. App. LEXIS 636 (September 19, 2012):<\/p>\n

Here, the purpose of the traffic stop was ongoing. Trooper Behnke testified he was still waiting for the results of a database search on the appellant. While waiting for those results, he asked for consent to search the vehicle, which the appellant refused to give. The trooper then deployed the drug dog. Officers do not need additional suspicion to allow the dog to sniff the exterior of the car. Cain v. State, 2010 Ark. App. 30, __ S.W.3d __. Moreover, our supreme court has found that “a stop is not complete until the warning citation and other documents are delivered back to the driver.” Menne v. State, 2012 Ark. 37, at 5-6, __ S.W.3d __, __. Because Trooper Behnke was still waiting for the criminal-history check when the drug dog was deployed, his routine tasks were not concluded. He was also processing the warning citation for the traffic violation. While we are troubled by both the scope and basis of the officer’s investigation\u2014as pointed out in the concurring opinion\u2014we find that the legitimate purpose of the stop was ongoing when the drug dog alerted to narcotics in the vehicle. Because we find that the legitimate purpose of the stop was ongoing, additional reasonable suspicion was not required.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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