CA6: A rarity: No RS found for dog sniff on the highway

Defendant was stopped for speeding, and the officer ultimately called for a drug dog. No drugs, but he’s a felon in possession. The court finds no reasonable suspicion for extending the stop. The government proffered travel plans, criminal history, and air fresheners. She left him to look for proof of insurance, and the movements in the car were consistent with that. No reasonable suspicion on the totality. Reversed. United States v. Taylor, 2024 U.S. App. LEXIS 29055 (6th Cir. Nov. 15, 2024):

Under the totality of the circumstances and viewing the facts in the light most favorable to the government, Officer Cox did not have reasonable suspicion to prolong the traffic stop. The reasonable-suspicion indicators are weak and subject to qualification. In fact, the district court recognized that Taylor’s travel plans, criminal history, and air fresheners may not have been enough to establish reasonable suspicion. But it held that his alleged suspicious movements moved the needle enough to justify extending the stop.

We disagree. Because Officer Cox prompted Taylor’s movements and Taylor complied with her requests, that factor holds very little weight. Similarly, Taylor’s travel plans and air fresheners offer little, if anything, to the reasonable-suspicion analysis. Adding his criminal history to the mix is insufficient to establish reasonable suspicion because it is combined with only these other weak indicators. Ultimately, “this case lacks any of the stronger indicators of criminal conduct” typically necessary to establish reasonable suspicion. See Townsend, 305 F.3d at 545. The threshold for reasonable suspicion may be low, but it is not nonexistent. Thus, we hold that Officer Cox lacked a reasonable, articulable suspicion of criminal activity that justified extending Taylor’s stop to conduct a dog sniff.