OH9: Dog sniff that took a minute and occurred during the checking of defendant’s license was valid

Dog sniff conducted by second officer who immediately arrived at a traffic stop and took only a minute was valid. State v. Barbee, 2008 Ohio 3587, 2008 Ohio App. LEXIS 3039 (9th Dist. July 21, 2008):

[*P14] This Court has determined that the traffic stop in this case was justified by the trooper’s reasonable suspicion that Mr. Barbee had committed two traffic violations. Trooper Menges testified at the suppression hearing that he was writing the warning citations for those violations when Trooper Farabaugh arrived with the drug-sniffing dog. Furthermore, the videotape revealed that the dog sniff lasted approximately one minute. As Trooper Menges had not yet completed the citations for the traffic violations, he did not need any additional suspicion or probable cause to justify the canine sniff of the vehicle. See White, 175 Ohio App. 3d 302, 2008 Ohio 657, at P15, 886 N.E.2d 904 (citing Carlson, 102 Ohio App. 3d at 594; State v. Shook, 9th Dist. No. 93CA005716, 1994 Ohio App. LEXIS 2631, 1994 WL 263194, at *4 (June 15, 1994)).

IAC on a search claim was raised in defendant’s first PCR, so it could not be decided in a second. Allen v. State, 2008 Iowa App. LEXIS 502 (May 29, 2008).*